in Re Lanning Minors, 333048

Parents (respondents) with extensive prior CPS involvement in multiple states moved to Michigan with two children in Sept 2015; Washington CPS referred the matter to Michigan DHHS (petitioner).
DHHS engaged the family, obtained safety plans restricting parental contact, and respondent-mother executed a power of attorney and later a limited guardianship in favor of Ashleigh Miller, who then had care and custody of the children.
A petition under MCL 712A.2(b)(1) and (2) was filed on Oct 27, 2015 seeking removal and later termination of parental rights; the children were already living with Miller and not in respondents’ home when the petition was filed.
The trial court conducted an adjudication and assumed jurisdiction under MCL 712A.2(b)(2), emphasizing parents’ long CPS histories, housing instability, and respondent-father’s mental-health history and past substance abuse.
After a dispositional hearing, the trial court terminated both parents’ rights under MCL 712A.19b(3)(g) and (j) and found termination in the children’s best interests.
The Court of Appeals reversed, holding the trial court clearly erred in assuming jurisdiction because, at the time the petition was filed, the children were in Miller’s lawful custody via power of attorney and limited guardianship and Miller’s home was not alleged to be unfit.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial court properly assumed jurisdiction under MCL 712A.2(b)(2) when petition filed while children lived with nonparent custodian	Petitioner: power of attorney/temporary guardianship does not prevent court from exercising jurisdiction over children based on parents’ history and conditions	Respondents: children were in Miller’s lawful care (POA and limited guardianship) at filing; jurisdiction must be assessed at that time and Miller’s home was not alleged unfit	Reversed: court clearly erred to assume jurisdiction by focusing on parents’ home when children resided lawfully with Miller at filing

In re Sanders, 495 Mich 394 (2014) (distinguishes adjudicative and dispositional phases; jurisdiction evaluated at adjudication)
In re Brock, 442 Mich 101 (1993) (preponderance standard for establishing jurisdiction under MCL 712A.2)
In re MU, 264 Mich App 270 (2004) (jurisdictional inquiry examines child’s situation at time petition filed)
In re Webster, 170 Mich App 100 (1988) (power of attorney did not defeat jurisdiction where custodial environment remained unfit)
In re Taurus F, 415 Mich 512 (1982) (power entrusted to a responsible relative in suitable home can bar jurisdiction)
In re BZ, 264 Mich App 286 (2004) (appellate standard: clear error review of jurisdictional findings)
Ryan v Ryan, 260 Mich App 315 (2004) (orders entered without proper jurisdiction are void ab initio)