In Re D v. Lange Minor, 166509

DHHS filed a petition to take jurisdiction over DVL after respondent-mother refused to bring DVL, a child with severe mental health issues, home from the hospital for outpatient care due to safety concerns for DVL, herself, and other children.
DVL had been repeatedly hospitalized for dangerous behavior (arson, threats to self and others, prior failed outpatient treatments).
The trial court denied DHHS’s petition, determining the respondent was not neglectful and had made reasonable efforts to get DVL the necessary help.
The Court of Appeals reversed, finding respondent’s refusal to pick up DVL rendered the home unfit and respondent statutorily unfit.
The Michigan Supreme Court, in lieu of granting leave, heard argument on whether the trial court should have exercised jurisdiction and if the Court of Appeals was correct.
The Supreme Court reversed the Court of Appeals, finding no clear error in the trial court’s refusal to take jurisdiction.

Issue	Plaintiff's Argument (DHHS)	Defendant's Argument (Respondent)	Held (Supreme Court)
Whether refusal to take DVL home amounted to neglect under MCL 712A.2(b)(1)	Respondent was able but refused to provide care	Respondent was not truly "able" due to safety	No neglect; respondent lacked ability to provide
Whether home was unfit for DVL by reason of neglect under MCL 712A.2(b)(2)	Refusal made environment unfit/unsafe	Relied on prudent steps taken; not negligent	No neglect; no negligent treatment found
Whether DVL was "homeless" or dependent under MCL 712A.2(b)(3)	DVL effectively homeless after hospital discharge	DVL had a home but couldn't safely live there	No definitive holding; may allow new petition
Whether parental culpability is required for court jurisdiction	Not required under current statutes	Should be required (per Bernstein concurrence)	Not resolved; relied on plain statutory language

In re Jacobs, 433 Mich 24 (Mich. 1989) (addressed whether parental culpability is required for jurisdiction under the child welfare statute)
In re Brock, 442 Mich 101 (Mich. 1993) (explained adjudicative/dispositional phases in child protective proceedings)
In re BZ, 264 Mich App 286 (Mich. Ct. App. 2004) (sets clear error standard of review for trial court’s jurisdictional findings)
In re AMAC, 269 Mich App 533 (Mich. Ct. App. 2006) (sets preponderance of the evidence standard for jurisdiction)
In re Schadler, 315 Mich App 406 (Mich. Ct. App. 2016) (explains standard for clear error in factual findings)