e-Journal Summary

e-Journal Number : 75317
Opinion Date : 04/22/2021
e-Journal Date : 05/07/2021
Court : Michigan Court of Appeals
Case Name : In re Jones/Malloy/Williams
Practice Area(s) : Termination of Parental Rights
Judge(s) : Per Curiam – Gleicher, Borrello, and Swartzle
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Issues:

Jurisdiction over the children under MCL 712A.2(b)(1) & (2); Failure to provide medical & other necessary care; “Substantial risk of harm to mental well-being”; An “unfit home environment”; Whether respondent’s mental-health issues created a risk of harm to the children justifying removal; Reasonable efforts to prevent removal

Summary

The court held that the trial court did not clearly err in finding statutory grounds to exercise jurisdiction under MCL 712A.2(b) by a preponderance of the evidence or clearly err in finding that respondent-mother’s mental health created a risk of harm to the children to the extent that it had to remove them from her care and custody. Finally, it did not clearly err in finding that the DHHS made reasonable efforts to prevent their removal. Respondent claimed that the trial court clearly erred in finding that statutory grounds to exercise jurisdiction under MCL 712A.2(b) were proven by a preponderance of the evidence. However, based on the record, the court concluded that there was a preponderance of the evidence she “had failed to provide medical and other necessary care for the health or morals of the children.” Also, her actions established by “a preponderance of the evidence that respondent created a substantial risk of harm” to their mental well-being. Most concerning was her “denial of any mental-health problems and her refusal to comply with services, treatment and medication, as well as the numerous false allegations involving her children. Her own testimony revealed her delusion that the youngest child’s father had placed cameras throughout her home and car and wherever she went in the community, and had created a Facebook page showing depraved sexual acts that included her and her children.” Further, the preponderance of the evidence showed that her home was an unfit environment for the children. Affirmed.

Full PDF Opinion