More on the Doctrine of Anticipatory Neglect

There has been much discussion on the Michigan Bar Association’s Children’s Law Listserv regarding the holding in In re Miteff that anticipatory neglect may not be the sole basis upon which termination may be sought.  Eric Scott, an assistant prosecuting attorney in Sanilac county wrote:

The Doctrine of Anticipatory Neglect/Abuse is codified in the termination statute, and is by statute a basis for termination of parental rights.  Look at the language of MCL 712A.19b(3)(i), (l), & (m).  All of those have to do with a prior termination.  In fact, when there is a prior termination, that can be, by statutue, the sole basis for termination of parental rights.  What that means is that if the court gets jurisdiction, either by plea or by adjudication, is that in those cases where there is a prior termination, termination as far as the grounds go is irrefutable and the only saving grace for a parent in those cases is the best interest determination, which Gazella says, in dictum, will be a very hard standard to meet on a very young child.  The termination itself in these types of cases is based solely on the prior case ending in termination….we anticipate the neglect because the parent was neglectful in the past and saw their rights terminated…therefore we can terminate now.  I know many of you out there don’t agree with the law, and I think there are aspects of the law which are very troubling, but this is the state of the law at this point.  It’ll be interesting to see how this new case might play out in terms of the statute.