Child protective proceedings; Jurisdiction; MCL 712A.2(b)(2); No-contest plea; MCR 3.971; In re Ferranti; Preponderance of the evidence; In re Kellogg; Criminality; In re MU; Second-degree child abuse; MCL 750.136b(3); Anticipatory neglect; In re LaFrance Minors

The court held that the trial court did not err by assuming temporary jurisdiction over respondent-father’s children under MCL 712A.2(b)(2). After respondent removed one of his children (MND) from school, physically abused her in his truck, and allegedly told her “I really want to kill you right now,” DHHS filed a petition. The trial court entered a removal order, respondent pleaded no contest to using the petition as the factual basis, and the trial court took jurisdiction over MND and another child, CMD. On appeal, the court first rejected his assertion that the “clear and convincing evidence” standard applied, explaining DHHS only had to establish one jurisdictional ground by a preponderance. It next held that the petition supported jurisdiction over MND under § 2(b)(2). Although respondent argued the petition did not allege home conditions, the court reasoned the statute covers an unfit “environment” as well as a home, and criminality “does not directly implicate home conditions.” The petition alleged respondent’s cruelty and criminality, including acts supporting second-degree child abuse by “knowingly or intentionally commit[ting] an act likely to cause serious physical or mental harm to a child” or “an act that is cruel to a child regardless of whether harm results.” The court further held that jurisdiction over CMD was proper under anticipatory neglect because respondent’s abuse of MND was “probative evidence of how he would treat CMD,” who lived in the same household and was younger and more susceptible. Affirmed.