Assumption of temporary jurisdiction; MCL 712A.2(b)(1) & (2); Waiver
Holding that respondent-mother waived her challenges to the trial court’s assumption of temporary jurisdiction over her children when she knowingly and voluntarily consented to it, the court affirmed. At a pretrial hearing, she “agreed to admit to the allegations made in the petition and consent to the trial court’s exercise of temporary jurisdiction over her children.” The DHHS, in exchange, “agreed to file an amended petition incorporating modifications requested by respondent—which it later did. Before accepting respondent’s plea, the trial court advised [her] of her rights, and [she] confirmed that she understood the rights she was waiving.” The trial court assumed jurisdiction over the children under MCL 712A.2(b)(1) and (2). The substance of respondent’s argument on appeal was that the trial court improperly assumed jurisdiction “merely because she was unable to attend the preliminary hearing, the preliminary hearing should have been adjourned to accommodate her absence, and she was not given enough time to remedy the deplorable conditions that led to the children’s removal.” But the court concluded that, given her waiver, it did not have to address her arguments. She did not allege any defects in the plea-taking process.
Full PDF Opinion