In re Gach
315 Mich. App. 83
| Mich. Ct. App. | 2016Background
- DG, age 3, was found unsupervised in a park wearing only a soiled diaper; police located him at respondent’s home and removed him; no physical injury was alleged.
- Respondent (mother) had multiple prior involuntary terminations of parental rights to other children and a past relationship with Jose Baker, who had convictions related to a prior child’s death; respondent denied recent contact with Baker.
- Petitioner CPS filed for termination; respondent pleaded to jurisdiction; no parenting time was provided during prolonged proceedings; termination hearing spanned several months and concluded July 23, 2015.
- Trial court terminated respondent’s rights under MCL 712A.19b(3)(g), (i), (j), and (z), relying largely on respondent’s prior terminations and perceived connection to Baker.
- The Court of Appeals reversed, holding the record lacked clear and convincing evidence supporting termination under (g), (i), and (j), and found MCL 712A.19b(3)(z) facially unconstitutional as applied because it creates an impermissible presumption against parents with prior juvenile-code terminations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether (3)(i) (prior sibling termination) supported termination | Prior terminations + Baker’s convictions show respondent failed to rehabilitate and cannot protect children | Respondent argued no recent relationship or contact with Baker and no evidence attempts at rehabilitation were unsuccessful | Reversed — no clear and convincing evidence that prior rehabilitation attempts had failed; (3)(i) improperly applied |
| Whether (3)(g) and (3)(j) (failure to provide care / likelihood of harm) supported termination | The unsupervised wandering, soiled diaper, and household condition show ongoing risk and inability to parent | Respondent and witnesses testified DG was generally well cared for; incident was isolated; no harm shown; CPS said services would have sufficed absent prior terminations | Reversed — record does not support clear and convincing evidence of present inability or likelihood of harm if child returned |
| Whether (3)(z) (prior involuntary termination) is a valid basis to terminate without proof of current unfitness | Petitioner treated prior involuntary termination as sufficient to proceed to best-interest decision and foreclose reunification efforts | Respondent argued (3)(z) creates an irrefutable presumption of unfitness, violating due process; amici raised similar concerns for domestic-violence survivors | Held unconstitutional as applied — (3)(z) impermissibly undermines due process by effectively presuming unfitness based solely on prior juvenile-code terminations |
| Remedy and next steps | Petitioner sought termination order to be upheld | Respondent sought reversal and remand for further proceedings without reliance on (3)(z) | Court reversed termination and remanded for further proceedings; declined to judicially rewrite (3)(z), leaving legislative amendment to address defects |
Key Cases Cited
- In re Trejo, 462 Mich 341 (review standard: clear error on statutory grounds)
- In re Miller, 433 Mich 331 (trial court credibility deference)
- In re Brock, 442 Mich 101 (parental liberty interest in child-rearing)
- In re Moss, 301 Mich App 76 (role of heightened proof at statutory-grounds stage)
- Vlandis v. Kline, 412 U.S. 441 (due-process invalidation of unrebuttable presumptions)
- Heiner v. Donnan, 285 U.S. 312 (constitutional limits on presumptions)
- Stanley v. Illinois, 405 U.S. 645 (protecting parental competencies and rights)
- Rowland v. Washtenaw County Road Comm’n, 477 Mich 197 (caution against judicially rewriting statutes)
- McCahan v. Brennan, 492 Mich 730 (statutory notice requirements interpreted as written)
- Dana Corp. v. Dep’t of Treasury, 267 Mich App 690 (de novo review of constitutional challenges)