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A Better Partnership
March 29, 2015

MSC grants mini-oral argument to consider whether termination of parental rights was in best interests of child

The Michigan Supreme Court has granted mini-oral argument in In re McCarthy, 151039, to hear whether termination of parental rights was in the best interests of a child. The Court directed the parties to focus on the effect given to the child’s age, her expressed desire for her mother to retain parental rights, and the lawyer-guardian ad litem’s concurrence that parental rights should not be terminated. The trial court terminated the mother’s parental rights after the mother failed to comply with a parent-agency agreement, she discontinued court-ordered counseling without approval, failed to undergo mental health treatment, and did not plan on returning to Michigan to reunify with the child. The Child is now a teenager and exhibiting behavioral issues. The Court of Appeals affirmed the trial court order, expressing that there is no evidence the mother is going to address the child’s issues or provide a safe and stable environment that the child requires. The Supreme Court will hear arguments in May.

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