Order to take child into protective custody; Children’s Protective Services (CPS)

Holding that the trial court did not clearly err by issuing the order to take the child into protective custody, the court affirmed. The court found that “the referee had reasonable cause to believe that the conditions listed in MCL 712A.2(b)(1), MCL 712A.2(b)(2), and MCR 3.963(B)(1) existed because the petition for removal provided that it was contrary to the welfare of the child to remain in respondent-mother’s care due to ongoing and chronic domestic violence, substance abuse, and mental health issues. The petition detailed that respondent-father was injured in, and respondent-mother was arrested for, the recent domestic violence incident where the child was present. The petition also explained that at the time of the incident, both respondents had consumed alcohol, and respondent-mother had not been taking her court-ordered mental health medications.” The petition further detailed CPS prior involvement with the mother, including: (1) her “lack of compliance with mental health treatments; and (2) doctor’s statements indicating that respondent-mother ‘is very delusional and psychotic when she is not taking her medications’ and ‘would not be able to care for herself, let alone safely care for [the child] if she were not [sic] stop her medications.’ Furthermore, the referee clearly made the findings required by MCR 3.963(B) in the order to take the child into protective custody.” The court also noted that the “order also included that no remedy other than protective custody was reasonably available to protect the child and that consistent with the circumstances, reasonable efforts were made to prevent or eliminate the need for removal of the child, including ongoing services from CPS, law enforcement contact and investigation, safety planning, team decision making meetings, and Community Mental Health services.” Thus, the court held that because “the referee had reasonable cause to believe that the conditions required for removal existed, and the required findings were made, we are not left with a definite and firm conviction that a mistake was made.”