UPDATES IN MICHIGAN FAMILY LAW

The Abuse Neglect Proceeding. Identifying the Father within the Case

To quote Anne Argiroff, who has often given of her time to assist in preparation of Amicus Briefs for cases involving protection of parental rights:

“In Troxel v Granville, 530 US 57, 120 S.Ct. 2054 (2000), the United States Supreme Court declared that parents have "perhaps the oldest of the fundamental liberty interests recognized by this Court," i.e. the right to determine the care, custody, and control (including the associations) of their children. 530 US at 65.

“Children share in this due process liberty interest with their parents. In In re Clausen, 442 Mich 648, 502 NW2d 649 (1993), this Court specifically recognized the "mutual due process liberty interest" between natural parents and child. [Citing In re Clausen]

“The mutual rights of the parent and child come into conflict only when there is a showing of parental unfitness. As we have held in a series of cases, the natural parent's right to custody is not to be disturbed absent a showing of unfitness.”

Representing a Father in a Child Abuse and Neglect Case: The Importance of Establishing Paternity

Fathers are important in the lives of children. As you all know, I’ve written extensively on this topic for the past ten or more years. Many young lawyers fresh out of law school frequently handle assignments for child abuse and neglect cases. These cases are a good way to get experience and can be “bread and butter” for young lawyers building their practices. But the precious lives of children and the constitutional rights or their parents and the responsibilities of their parents are in the hands of often inexperienced lawyers. Establishing paternity within the child protective is essential for many reasons, not the least of which is to protect his parental rights and to make him available for placement of the child.

Identifying the Father:     It is important that all parents involved in a child’s life are included in the child protective proceedings as soon as possible. Early identification and involvement of a noncustodial legal father who is actively involved in a child’s life may allow him to serve as a safe and permanent placement for a child. On the other hand, an absent and uninvolved legal father should be located, made a respondent to the petition, and, if appropriate, have his parental rights terminated. Only by establishing paternity within the case may the biological father protect his parental rights and be permitted to participate in the proceedings.

Shaken Baby Syndrome | New Science Investigation Cast Doubts on Diagnosis

Important research has been done and is continuing to be conducted on the issue of Shaken Baby Syndrome. The Washington Post, in a year-long study, in partnership with journalists from Northwestern University’s Medill Justice Project, used court records and news media accounts to track the dispositions of about 1,800 cases nationwide since 2001 that reportedly involved shaking. Information was also obtained from the National Registry of Exonerations at the University of Michigan Law School and from bloggers Sue Luttner and Susan Anthony. Researchers have now made the current research public in a multi-part article--one that should be a candidate for a Pulitzer Prize. In the series, the issue of Shaken Baby Syndrome is examined from every possible angle.

 

See Cenziper, Debbie, Lauryn Schroeder, Sophia Bollag, and Anna Zambelli. "Shaken Science." Washington Post, March 20, 2015. Accessed March 23, 2015. http://www.washingtonpost.com/graphics/investigations/shaken-baby-syndrome/Doctor-What-could-be-right-about-getting-it-wrong.html Or use http://tinyurl.com/kphf84t

 

Sex Offender Registry and Termination of Parental Rights | New Statute

Today's guest author is Judge David A. Hoort, Family Court Judge in the 8th Judicial Circuit Court in Ionia County, Michigan. Judge Hoort writes about his concerns with a new statute affecting termination of parental rights that became effective a few days ago.

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Along with murder, voluntary manslaughter and felonious assault that results in serious bodily injury of another child, MCL 712A.19a(2)(d), as amended, effective May 1, 2012, now provides that if a parent is required to register under the sex offenders registration act, the department of human services is not required to make reasonable efforts to reunify the child with the parent. 

Critics argue that this will allow the family court to terminate a parent's parental rights to a child for no other reason than a parent being required to register under the Sex Offenders Registration Act (SORA).  (Past law required that there be some showing of ‘unfitness’ before parental rights can be terminated.)  Advocates counter that judges retain discretion to order DHS to make reasonable efforts to reunify the child with the parent, and the legislation was needed to receive federal funding. 

Child Support Obligation Survives Termination of Parental Rights

The Michigan Supreme Court affirmed the court of appeals decision in In Re Beck on December 22, 2010, rejecting a father's argument that his obligation to pay child support ended as a matter of law when his parental rights were terminated and that his constitutional right to due process of law was violated by an order that continued his child support obligation.