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FAMILY LAW 9: Loss of parental rights in this case was respondent’s mental illness.

In March of 2015, respondent was admitted to a psychiatric hospital unit as a result of her paranoid and manic behavior. AL was later removed from respondent’s care and placed with her maternal grandparents. Despite opportunities for services and mental health treatment, respondent continued to struggle with serious mental illnesses that prevented her from providing proper care for AL. Following a bench trial in December of 2016, the trial court terminated respondent’s parental rights to AL.

On appeal, respondent first argues that petitioner did not create an effective treatment plan to accommodate her post traumatic stress disorder (PTSD) diagnosis. Specifically, respondent contends that she was misdiagnosed with, and improperly treated for, bipolar disorder, paranoia, psychosis, and schizophrenia. According to respondent, her correct diagnosis is PTSD.

In this case, there is no doubt that respondent suffers from mental illness. The case began in March of 2015, when Child Protective Services (CPS) filed a petition alleging that respondent was exhibiting significant mental health concerns, including paranoia. Respondent has been diagnosed with bipolar disorder with maniac and severe psychosis, PTSD, paranoia, and schizophrenia.

The DHHS offered respondent numerous services aimed at addressing her mental illnesses. In particular, the case service plan required respondent to attend counseling and psychiatric appointments on a regular basis, take all prescribed medication as directed, follow recommendations of the professionals. While this case was pending, she was hospitalized on several occasions, she was prescribed medications, and she received mental health treatment from numerous mental health professionals.

Respondent does not dispute that, in general, she received opportunities for services and mental health treatment. Instead, she claims that her only correct diagnosis is PTSD, meaning that mental health treatments focused on a variety of mental illnesses, including bipolar disorder, were improper and that the DHHS’s approach to services was inadequate because it was not tailored to her PTSD diagnosis.

Regarding the adequacy of the treatment respondent received for her PTSD, we note that, in terms of the treatment for PTSD, the treatment for bipolar disorder and PTSD would actually be very similar.

While respondent attempts to fault the DHHS for not addressing her specific needs in light of her PTSD diagnosis, the record shows that this is a case where respondent refused to cooperate with, and benefit from, the services offered to her.

For purposes of MCL 712A.19b(3)(c)(i ), the condition leading to adjudication in this case was respondent’s mental illness, specifically her paranoid and manic behavior, which prevented her from providing proper care for AL, and, given her noncompliance with her service plan and her lack of progress in addressing her serious mental illnesses, the evidence supports the conclusion that there is no reasonable expectation that respondent will be able to provide proper care and custody for AL in a reasonable time considering AL’s age.

There is likely nothing scarier than the thought of not being able to see your children. As a client of Aldrich Legal Services, you will benefit from being represented by Brad Aldrich, an experienced litigator with more than 19 years of experience. Brad will use his considerable knowledge and resources to help you pursue a positive resolution that protects you and your children's interests.

We understand what a stressful time this is for you when your custody rights are on the line. Contact Aldrich Legal Services to schedule a free consultation with one of our family law attorneys. We will help you protect your custody and visitation rights.

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5 Common Misdemeanors Affecting People in Michigan

Originally posted on 11/08/2019 There are many different levels of crime and the consequences once someone has been charged with them. One bracket of crimes is known as a misdemeanor. Let’s go over this level of crime and some common...

PROBATE 44: The court held that the probate court did not err by declaring a will executed by the decedent invalid on the basis that she lacked testamentary capacity to execute it and that it was the product of petitioner’s undue influence.

Defendant and Decedent met in August 2017. In approximately November 2017, Decedent began talking constantly about wanting Defendant to take her to see an attorney for the purpose of changing her will. On March 19, 2018, Defendant filed a petition...

Michigan Expungement Law Updates For 2021

There has been a new laws regarding expungements for the state of Michigan.  Gov. Gretchen Whitmer signed legislation that expands the criteria for expungements related to traffic offenses, marijuana convictions, and minor...

Wills and Trusts

Originally posted on: 02/14/2014 Aldrich Legal Service provides legal advice and representation for residents in Plymouth, Ann Arbor, and Southeast Michigan. We also review recent legal cases to examine what took place and what we can...

REAL ESTATE 68: Holding that plaintiffs-buyers’ allegations of fraud in this case arising from the sale of a residence did not preclude the trial court from granting defendants’ motion for summary disposition based on a release, the court affirmed.

This cause of action arises from plaintiffs’ purchase of a residence from defendant, who had rights in the house under a land contract from co-defendant, the legal owner of the house. Before the house was for sale, in January 2018, an upstairs...

REAL ESTATE 65: Determining that it could not conclude the trial court erred in its factual findings, and that it did not err in reforming a 2005 deed, the court affirmed the ruling that defendants were fee simple owners of the disputed 50-foot area

This case arose from a real-property dispute between brothers, as well as their respective wives. After a bench trial, the trial court rendered its findings of fact. The trial court determined that plaintiffs did not prove that excluding the...

FAMILY LAW 58: The trial court did not err by denying defendant-father’s motion to change custody and modify his parenting time of the parties’ child without having an evidentiary hearing to determine if there was proper cause or a change in circums

This case arose from a custody and parenting-time dispute between plaintiff-mother and father over their minor child. After father failed to respond to the paternity complaint within the 21 days of receipt of the complaint, mother filed an affidavit...

DIVORCE 53: Although the court affirmed the trial court’s decisions to deny defendant’s motions to set aside the default and the default JOD, it vacated the portions of the default JOD as to the distribution of marital property, custody, parenting t

Plaintiff filed for divorce. Defendant filed an answer and a counterclaim for divorce.  Plaintiff and defendant were both ordered to appear at the settlement conference. After defendant failed to appear, the trial court entered a default. Soon...

FAMILY LAW 53: The trial court erred by treating the parties’ GAL as an LGAL and denying the parties the right to question her at a hearing; however, the trial court did not err in requiring the parties to compensate the GAL for her services.

Plaintiff and Defendant were never married, but share a young son who was born in 2016. The parties have battled over custody, child support, and other parenting issues ever since. In the spring of 2019, the parties filed competing motions to modify...

The Difference Between Theft, Robbery, and Burglary

Original Post: 1/11/2019 Often, burglary, robbery, and theft are used interchangeably even though there are distinct differences between all of them. Though, what all three do have in common is they may involve the unlawful taking of...

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