A recent Michigan Court of Appeals decision illustrates a difficult issue in child protective proceedings: a parent who is the victim of domestic violence cannot lose parental rights simply because of that victimization. But the analysis can change when the parent’s own conduct continues to expose a child to the risk of harm.
In In re T. Hewitt, Minor, No. 368861 (Mich. App. Oct. 23, 2024), the Court of Appeals affirmed termination of a mother’s parental rights after finding that her continued contact with an abusive father, combined with other circumstances, supported termination under MCL 712A.19b(3)(j). The decision is unpublished, so it is not binding precedent, but it provides a useful example of how Michigan courts may analyze domestic violence in CPS cases.
So, Can CPS Terminate Parental Rights Because a Parent Is a Domestic-Violence Victim? No. Michigan law does not permit termination of parental rights solely because a parent was the victim of domestic violence. Published Michigan decisions have recognized this limitation.
The question is not simply whether domestic violence occurred. The court must consider whether the parent’s own conduct is harming the child or exposing the child to harm.
Why Did the Court Uphold Termination in Hewitt?
The court relied on MCL 712A.19b(3)(j), which permits termination when clear and convincing evidence establishes a reasonable likelihood, based on the parent’s conduct or capacity, that the child will be harmed if returned to the parent’s home.
The record described serious and continuing domestic violence. The mother was primarily viewed as a victim, but the trial court also found that she continued contacting the child’s father despite his violent conduct and despite services intended to address domestic violence.
The Court of Appeals concluded that these circumstances supported the trial court’s finding that the mother’s own conduct exposed the child to harm.
Why Does a CPS Plea Matter?
Hewitt also raises an important issue concerning admissions made during the adjudicative phase of a CPS case.
Michigan law requires a plea of admission or no contest to be knowingly, understandingly, and voluntarily made. MCR 3.971(D)(1) reflects this due-process requirement. The Michigan Supreme Court has emphasized that parents have a fundamental right concerning the care, custody, and control of their children. In re Ferranti, 504 Mich 1, 21 (2019).
In Hewitt, the majority found that the mother’s plea was not subject to reversal under the applicable plain-error standard, although the court acknowledged that she was not advised of her appellate rights before the plea was accepted. Judge Noah P. Hood dissented, concluding that the plea was not knowingly and understandingly made.
What Should Michigan Parents Take From Hewitt?
A domestic-violence victim facing CPS involvement should not assume that being abused automatically puts parental rights at risk. At the same time, continued contact with an abusive person may become significant if the evidence shows that the parent’s conduct is exposing the child to danger.
Michigan termination proceedings require clear and convincing evidence of a statutory ground, followed by a best-interests determination. MCL 712A.19b(3), (5). The child’s bond with a parent can be considered, but courts may also consider safety, stability, permanency, parenting ability, compliance with services, domestic-violence history, and other evidence concerning the child’s welfare.
For parents facing a CPS investigation, adjudication, case-service plan, or termination petition, the facts surrounding domestic violence matter enormously. An experienced Michigan CPS defense attorney can evaluate the allegations, the evidence, the service plan, and the procedural history before important rights are surrendered.
If CPS is involved with your family or DHHS is seeking to terminate your parental rights, contact The Kronzek Firm to discuss your situation with a Michigan attorney.
Frequently Asked Questions
Can CPS take my child because I am a victim of domestic violence?
Not solely because you are a victim. Michigan courts distinguish victimization from conduct that exposes a child to harm.
Can admitting CPS allegations affect my parental rights later?
Yes. A plea during adjudication can have significant consequences, which is why Michigan court rules require specific advisements before accepting a plea.
What is MCL 712A.19b(3)(j)?
It is a statutory ground for termination based on a reasonable likelihood that the child will be harmed if returned to the parent’s home.
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[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]