Child protective proceeding; Jurisdiction under MCL 712A.2(b)(1) & (b)(2); In re BZ; In re AH; No-contest plea; MCR 3.971; In re Ferranti; Anticipatory neglect

The court held that the trial court properly assumed temporary jurisdiction over all six children and that respondent-mother’s no-contest plea was knowingly, understandingly, and voluntarily made. Respondent previously lost custody of three children in 2015 because of unsafe housing and abuse concerns, later regained custody, and then became the subject of a new 2023 petition alleging improper supervision, filthy conditions, inconsistent feeding, untreated mental-health needs for TH, and repeated refusals to allow CPS into the home. During the adjudication trial, evidence showed that TH and TLJ were unsupervised, poorly cared for, and living in a home where beds, food, and basic care were inconsistent, after which mother entered a no-contest plea and agreed that the existing trial record could support jurisdiction. On appeal, the court held that the factual record supported jurisdiction under MCL 712A.2(b)(1) and (2). It explained that even though the strongest evidence of neglect concerned TH and TLJ, the doctrine of anticipatory neglect allowed the trial court to infer from the mother’s treatment of one child how she treated the others. The court next held that she failed to show any error in the plea process because the record showed she was advised of the rights she was waiving, confirmed that she had consulted counsel, and expressly agreed to use the trial record as the factual basis for the plea. The court also held that she failed to show prejudice because she never established that she would have rejected the plea absent the claimed confusion. Affirmed.