Child protective proceedings; Jurisdiction; MCL 712A.2(b)(1); Substantial risk of harm to mental well-being; Preponderance of evidence; In re Ferranti; Parent’s mental health & effect on children; In re Kellogg; Child’s situation at time petition filed; In re MU

The court held that the trial court did not err by exercising jurisdiction over respondent-mother’s children under MCL 712A.2(b)(1). Respondent made repeated allegations that the children were being sexually abused, drugged, and used in child pornography or trafficking, but medical examinations, interviews, and CPS investigations did not substantiate those claims. After the children were returned under a custody order requiring therapy, she refused to exchange the children with their father, stopped attending therapy, and resisted an emergency pickup order while the children could see and hear parts of the incident. The trial court exercised jurisdiction after an adjudication bench trial. On appeal, the court held that a preponderance of the evidence supported finding a “substantial risk of harm to the children’s mental well-being.” The evidence showed respondent continued to act on unsubstantiated beliefs involving sexual abuse, trafficking, corruption, and a conspiracy to steal her inheritance. It also showed the children were affected by the second removal, including RSB repeatedly saying, “I’m so sorry, this is all my fault,” and JSB copying that statement. The court rejected respondent’s reliance on the lack of a specific mental-health diagnosis because the issue was not diagnosis, but whether her beliefs and actions placed the children at risk. It also rejected her claim that no physical harm was shown because physical neglect was not the basis for jurisdiction. Affirmed.