In re Shimmons/Hare, Minors

Summary

The Michigan Court of Appeals vacated an order removing two children from their mother's care in a child-protective proceeding. The court held that the trial court violated procedural due process and applicable Michigan court rules by conflating an emergency protective-custody order, an emergency removal hearing, and a preliminary hearing, while failing to provide adequate notice and make required findings. The case was remanded for further proceedings.

Holdings

1. The proceeding was not an emergency removal hearing under MCR 3.974(C)(3)(a) because neither petition had been authorized, the children had not yet been taken into protective custody, and the trial court had not first entered a valid protective-custody order.
2. Because the proceeding was not a valid emergency removal hearing and the children had not yet been taken into protective custody, the trial court was required to provide written or on-the-record notice of an ordinary preliminary hearing at least seven days before the hearing.
3. The trial court plainly erred by ordering removal after a procedurally deficient hearing, and the errors affected respondent's substantial rights and seriously affected the fairness, integrity, and public reputation of the judicial proceedings.

Questions Presented

1. Whether the trial court violated respondent's procedural due-process rights by ordering the children removed without complying with the Michigan court rules governing authorization of the petition, protective-custody orders, emergency removal hearings, preliminary hearings, and notice.
2. Whether the trial court plainly erred by combining the protective-custody order, emergency removal hearing, and preliminary hearing into a single procedurally deficient proceeding that denied respondent a meaningful opportunity to be heard.

Disposition

reversed_and_remanded