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2001–2002 Annual Report
The Children’s Law Section (CLS) has had a productive year. The section filed an amicus brief in In re AMB, 248 Mich App 144 (2001), a case that has had a significant impact on how child protective proceedings are handled across the state. Among other things, the case establishes that when a child is the subject of a protective action, the family court has jurisdiction over medical decision-making and that referees sitting in child protective proceedings may not sign orders. At the Annual Meeting in Lansing we elected a new slate of council members and officers. Unfortunately, our meeting was held September 12 and the events of the day before had a negative impact on attendance at the meeting. Our program, which featured several speakers, addressed the application of the Americans with Disabilities Act to child abuse and neglect cases in Michigan. Although the audience was small, the presenters were interesting and there was a lively discussion of the issues. We have endeavored to continue with programs initiated under William E. Ladd, the immediate past chair, to expand the influence of the section both upon our membership and within the larger legal community. We have especially focused on training issues, submitting a proposal to the Governor’s Task Force on Children’s Justice, entitled "Teaching Ourselves" which seeks to fund a series of training seminars around the state for child welfare attorneys. At the time of this writing the section’s proposal is still under consideration, with a final decision expected soon. In November the CLS partnered with the American Indian Law Section and the University of Detroit Mercy Law School’s Indian Law Center to produce a training video for handling Indian Child Welfare Act cases. The video has become part of the CLS’s expanding library of training materials, which are available to our members. As of this writing, we are planning another training session for August 26 to address special education issues and the representation of children and their parents under the Individuals With Disabilities Education Act. The CLS has been active in its opposition to proposed changes to the court rules applicable to handling child protection, juvenile delinquency, and juvenile personal protection orders. We sent two members to testify at a public hearing in March and have continued to track the development of these rules, which the Supreme Court may act on in the near future. Similarly, we have been actively tracking and taking positions on legislation that would have an impact on CLS members’ work. We have been deeply troubled by the recent handling of the second parent adoption controversy in Washtenaw County. The CLS is tracking this development with an eye toward taking action to address the mishandling of the issue. As the year draws to a close, we look forward to 2002-2003 being a productive and interesting opportunity to protect the rights and well-being of children in this state. |