Posted on December 29th, 2010 No comments
I find this case interesting because it results from an appeal by the L-GAL on behalf of the minor child. The child came into care on a temporary wardship petition due to allegations against mother and father. The children were initially brought into care due to some pretty severe environmental neglect and mental health issues on the part of mother. After the Court assumed jurisdiction, both parents showed evidence of improvement. There was still an issue of the home’s cleanliness , but the parents had made significant improvements.
A supplemental petition was filed under MCL 712A.19b(3)(c)(i), (g) and (j). The trial court determined that the evidence failed to show that the conditions that led to the adjudication continued to exist and that the parents had complied with the parent-agency agreement. The trial court also returned the child to the parents following the denial of the petition to terminate their parental rights.
The Court of Appeals affirmed the trial court finding that there was no clear error in the Court’s determination that a statutory basis was not established. The Court also determined that the court did not abuse its discretion in returning the children home.
At the end of the day, I think this case benefited from the trial court’s findings and the application of the clear error and abuse of discretion standards. This allowed the Court to give a great deal of deference to the trial court’s decision. The condition of the home was still poor despite the improvements made by the parents, but the trial court relied on the substantial improvement made by the parents against the previous condition of the home. The argument that the parents need not completely remedy the circumstances that led to the removal, but that they need only make improvements such that the children could return home was successful in this case.
You can view or download the case here: In re Burnett