Court of Appeals says MDHHS acted too quickly to sever parent’s rights
A spokesperson said the state agency is examining the decision, which can be appealed to the Michigan Supreme Court.
Michigan Hall of Justice
The Michigan Court of Appeals has ruled the due process rights of a woman who lost parental rights to her child were violated because the state never provided clear rules on what it would take for her to regain custody, and did not make family reunification a priority.
“It is well-established that parents have a fundamental right to the care, custody, and control of their children. Therefore, the Legislature has enacted a statutory scheme that elevates reunification of parents and children over termination of parental rights,” wrote Judge Allie Greenleaf Maldonado in the court’s precedent-setting opinion.
The mother, who had a history of substance abuse, gave birth while a patient at a rehabilitation hospital. She said the Michigan Department of Health and Human Services (MDHHS) and the Calhoun County Circuit Court should not have allowed the termination proceedings to move forward based on alleged violations of a child safety plan that was never put in writing until after the department filed a petition seeking to separate the child and mother. The appellate court agreed.
Joshua Pease is with the State Appellate Defender Office and also chairs the State Bar of Michigan Children’s Law Section. He said the decision also requires the state to give parents clear notice of why their rights are at risk of being terminated, especially when the state is asking for an expedited timeline based on “aggravated circumstances” that put a child in danger.
“Not just a vague you-are-a-neglectful-parent type of allegation, but specifics of why the department believes the parent was neglectful, why they believe the child is unsafe in the parent’s care, and why they believe termination of parental rights is justified,” he told the Michigan Public Radio Network.
He said the ruling will also require MDHHS to provide a parent with a family reunification plan with specific requirements when it seeks termination of parental rights.
“The agency has to make it clear what steps a parent has to take and it has to be an individualized plan, so that it’s essentially an obtainable goal,” he said.
A spokesperson said the state Department of Health and Human Services is examining the decision, which can be appealed to the Michigan Supreme Court.
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