In re LaFrance Minors

858 N.W.2d 143, 306 Mich. App. 713, 2014 Mich. App. LEXIS 1799
CourtMichigan Court of Appeals
DecidedSeptember 23, 2014
DocketDocket Nos. 319219 and 319222
StatusPublished
Cited by246 cases

This text of 858 N.W.2d 143 (In re LaFrance Minors) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re LaFrance Minors, 858 N.W.2d 143, 306 Mich. App. 713, 2014 Mich. App. LEXIS 1799 (Mich. Ct. App. 2014).

Opinion

Shapiro, J.

In these consolidated cases, respondents, parents of four minor children, appeal as of right the order of the family division of the circuit court terminating their parental rights. We reverse as regards the [715]*715three older children and remand this case to the trial court for redetermination of the youngest child’s best interests in light of our decision.1

I. FACTS

The children involved in this case are the issue of a 10-year relationship between respondents, who never married. The petition asking the court to take jurisdiction arose from allegations that respondent-father negligently failed to recognize that the youngest child, then only several weeks old and ill with a virus, was becoming dangerously dehydrated, and as a result suffered severe, albeit temporary, kidney damage, and had to be admitted to the hospital for intensive treatment. The petition did not allege any abuse or neglect in connection with the older three children, then aged three, five, and ten years, nor has any abuse or neglect of the three older children ever been alleged anywhere in the course of these proceedings.

While pregnant with the youngest child, respondent-mother tested positive for methadone and THC, and admitted using opiates for years. At birth, in late July 2011, the child tested positive for THC. In light of respondent-mother’s drug use, along with some observations of questionable behavior while in the hospital, social workers at the hospital were concerned for her ability to care for the newborn and so contacted Child Protective Services (CPS). Three days after the child’s birth, CPS initiated a child protection case. That case did not result in any court action, and so that file is not available to us. However, the parties indicate that respondent-mother agreed to move out of the family [716]*716home for some time and to see the infant only with supervision. The record before us does not suggest that the agreement between respondent-mother and CPS limited her access to the three older children.

As noted earlier, several weeks later while in the care of respondent-father, the infant became severely dehydrated and required emergency hospitalization. According to the medical records contained in the court file and subsequently provided testimony, the child had been ill for some time with a virus2 and was listless when she awoke on the morning in question. Respondent father failed to recognize the severity and speed of the infant’s deterioration and regarded her as having gone back to sleep when she may in fact have been losing consciousness. He stated that he attempted to give her a bottle, but that she drank nothing from it. He left for work in the early afternoon, upon which his mother took over as babysitter. After an hour or two, the grandmother became concerned that she was unable to rouse the child, and so called 911. Emergency responders stabilized the child and took her to the hospital, where she was diagnosed as suffering from severe dehydration with resulting acute kidney failure, and placed in intensive care. It was estimated that she had gone without liquid intake for approximately 16 hours. Fortunately the child was successfully rehydrated and over several days recovered completely.

Upon admission of the child to the hospital, the case was flagged by the medical staff as possibly involving medical neglect or even physical abuse. The latter was initially a concern because imaging studies revealed that the child had chronic subdural hematomas. Fur[717]*717ther medical examination ruled out that the hematomas were caused by external trauma, but that fact was not immediately known.3

Given the suspicious circumstances, and the infant’s critical medical condition, the Department of Human Services immediately sought and obtained emergency removal of all four children from respondents’ care the following day, November 17, 2011. The petition contained allegations concerning respondent-mother’s prenatal drug use as well as the events concerning the infant’s emergency hospitalization. Though the other three children were not mentioned in any factual allegations, petitioner requested their emergency removal as well, stating, “the Department feels that the children are at imminent risk of further harm if they are to return to the home of their mother or their father.”

On November 30, 2011, petitioner filed an amended petition adding allegations concerning the infant’s kidney damage and the discovery of subdural hematomas, which, as noted, raised concerns about physical abuse until further investigation ruled that out. At the preliminary hearing, which was held the next day, the court noted that the other three children “have been raised by the two parents and they seem to be fine right now.” The CPS worker agreed that there was no history of medical neglect by the father before the November 2011 incident, and that there was “no allegation regarding the three older children that any of those children were neglected in any way[.]” She also agreed that “all [three older] children appear to be happy and healthy and [718]*718they’ve been described as polite and well-behaved,” that they “are all very bonded to their parents,” and that they “are adamant that they want to see their parents[.]” The children’s lawyer-guardian ad litem stated that she had met with “the three older children and . . . all they ask about is when they can see mom, when can they see dad. They’re clearly very bonded to both of their parents. . .. [A]ll three of the older children are very well-mannered, very appropriate for their ages; very smart kids, very lovely children.” She recommended that the parents be allowed to see the children as often as possible.

The court issued an order finding probable cause to believe that the “conditions of custody in the home and with the individual with whom the children reside are not adequate to safeguard the children from the risk of harm to the children’s life, physical health and mental well-being.”

A pretrial hearing was held on January 19, 2012, two months after the children’s removal. The foster care worker testified that the placement of the three older children was appropriate, and that, although she had no objection to increased supervised visitation, it might be difficult to achieve because of the limited availability of supervision. She recommended that the children remain in their placements.

The foster care worker further testified that she was unaware of “any reason to believe whatsoever that any of the three older children have ever been abused or neglected by [respondent-father],” adding that respondent-father had been completely compliant with services and that his drug screens were all negative. She also testified that the medical concerns regarding the infant were the only reasons for removal, and agreed that the three older children had “been well-parented up to this time.” Even [719]*719so, the foster care worker opined that respondents would benefit from parenting classes, and stated that she opposed any return of the children to their home until the parents demonstrated additional compliance with the initial service plan. She continued that she would “consider” unsupervised visitation for the older children if the drug screens stayed negative, but expressed the concern that especially respondent-mother might be continuing her problematic drug usage.

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Cite This Page — Counsel Stack

Bluebook (online)
858 N.W.2d 143, 306 Mich. App. 713, 2014 Mich. App. LEXIS 1799, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lafrance-minors-michctapp-2014.