In Re Sikorski – Release from Prison

In this case, the CoA found that the trial court clearly erred when it terminated rights under MCL 712A.19b(3)(h) [The parent is imprisoned for such a period that the child will be deprived of a normal home for a period exceeding 2 years, and the parent has not provided for the child's proper care and custody, and there is no reasonable expectation that the parent will be able to provide proper care and custody within a reasonable time considering the child's age.] Respondent’s earliest release date from prison was only two months after the termination hearing.  The Court reasoned that there is too much uncertainty in potential release dates for section (3)(h) to be used as a basis to terminate parental rights when a respondent’s earliest release date is close to the time of the termination hearing.

The Court went on to hold that the error was harmless because there were other grounds for termination that respondent did not contest. If  your client’s earliest release date is anytime within two years of the termination hearing, you could make this argument.  Obviously, the closer to two years from the termination hearing your client’s earliest release date is, the less likely this argument will prevail.

You can view or download the case here: In re Sikorski