Skip to main content
A Better Partnership
July 22, 2009

COA Opinion: Termination of Parental Rights is Only Appropriate Upon a Judicial Finding that it is in the Child's Best Interest

On July 21, 2009, the Court of Appeals published its opinion in In re Genevieve Hansen, No. 289903, affirming the termination of a father's parental rights. Notably, the Court of Appeals concluded that the although the lower court properly concluded that a statutory ground for termination existed, it erred by not also making a judicial finding regarding whether termination was in the best interest of the child. The Court of Appeals interpreted the relevant statute (MCL ' 712A.19b(5)) provided that termination can only be imposed when there is both a statutory ground for termination and where termination is in the child's best interest. Ultimately, the Court in this case concluded that the error was harmless, because the record in this case supported a finding that termination was in the child's best interest.

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.



+ -