Child protective proceedings; Jurisdiction; MCL 712A.2(b)(1); Proper care & custody; Domestic violence; Preponderance of evidence; In re Miller; Present circumstances; In re Leach

The court held that sufficient evidence supported the trial court’s exercise of jurisdiction over respondent-father’s child under MCL 712A.2(b)(1). The case arose from ongoing domestic violence between respondent and the child’s mother, including multiple CPS reports of verbal and physical altercations in the child’s presence and an emergency petition after the parents removed the child from the grandmother’s home and refused to disclose their location. On appeal, the court first held that the trial court properly applied the preponderance standard because jurisdiction requires proof that at least one statutory basis exists, and “‘the trial court must examine the child’s situation at the time the petition was filed because MCL 712A.2(b) speaks in the present tense.’” The court next rejected respondent’s argument that jurisdiction failed because the PPO obtained by the mother was not admitted and there was no conviction or proof of physical violence. The record “belies respondent’s claims” because he admitted pending domestic-violence charges involving the mother and acknowledged an active PPO, the caseworker testified to a pending criminal case, and the mother testified that she obtained a PPO. The court also held that the evidence supported a finding of physical violence because the mother claimed respondent strangled her in a parking lot and assaulted her while holding a knife, while respondent admitted the mother tried to hit him, scratched him with keys, ripped his clothing, and spit on him while the child was in the room. Because that evidence supported jurisdiction under MCL 712A.2(b)(1), the court did not address MCL 712A.2(b)(2). Affirmed.