Jurisdiction; MCL 712A.2(b)(1); Removal under MCL 712A.13a(9) & MCR 3.965(C)(2); In re Williams; A trial court’s obligation to make a record of its findings; Apex Labs Int’l Inc v City of Detroit

Holding that the trial court erred by ordering the removal of respondent-mother’s children, the court reversed that portion of the order and remanded. The trial court ordered the children’s removal based on allegations of medical neglect. On appeal, the court agreed with respondent that the trial court failed to make the required factual findings necessary to order the children’s removal under MCL 712A.13a(9) and MCR 3.965(C)(2). First, “the trial court’s oral opinion and ensuing order appear perfunctory, which is not only highly inappropriate given the seriousness of ordering removal of a child from a parent’s custody, but it stifles this Court’s ability to review the merits of the trial court’s decision.” In addition, it “failed to make the factual findings required by MCL 712A.13a(9) and MCR 3.965(C)(2) prior to removal.” Most problematically, it “failed to make any factual findings with respect to MCL 712A.13a(9)(b) and (e).” As to factor (b), the trial court “was required to address whether there was any ‘service or other arrangement except removal of the child’ that was ‘reasonably available’ and could ‘adequately safeguard the child’ if left in respondent’s care.” However, it “said nothing in its oral opinion that could be reasonably construed as addressing this factor.” As to factor (e), the trial court “was required to address whether ‘[c]onditions of child custody away from [respondent were] adequate to safeguard the child’s health and welfare.’ Nothing in either the trial court’s oral argument or written order reflect that the trial court made any findings related to this factor, leaving this Court with nothing to review.” The court noted that in Williams, the panel held that “when a trial court ‘ignore[s] the mandates in MCR 3.965(C)(2) and MCL 712A.13a(9),’ the proper remedy is to reverse the removal order, and, ‘If, after remand, any party again seeks removal of [the children], the trial court must make findings on the record as to all the factors enumerated in MCR 3.965(C)(2) and MCL 712A.13a(9).’” As such, it reversed the trial court’s removal order, remanded for further proceedings, and ordered that if a party again seeks removal, the trial court must “make findings on the record with respect to all of the factors in MCR 3.965(C)(2) and MCL 712A.13a(9).”