Laches | February 2025

LACHES

www.ocba.org | February 2025 | Number 675

Case Service Plans in Neglect and Abuse Proceedings REUNIFICATION THERAPY:

Protecting Children from the Impact of Divorce

Benefits to Children from Federal Oversight of Michigan Foster Care System

T USHAR

VA K H A R I YA

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R ENEE

LO SSI A

ACHO

EXPER IE N CE T H E DI F F E R E N C E B ETW E E N AN AG EN T AN D AN E X P E R T.

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TUSHAR@TVARLA.COM | RENEE@TVARLA.COM 210 S Old Woodward., Ste. 200, Birmingham, MI 48009

LACHES

OAKLAND COUNTY BAR ASSOCIATION 1760 S. Telegraph Road, Suite 100 Bloomfield Hills, Michigan 48302-0181 (248) 334-3400 • FAX (248) 334-7757 www.ocba.org

2024-2025 BOARD OF DIRECTORS

CONTENTS FEBRUARY 2025 FEATURES Case Service Plans in Neglect and Abuse Proceedings: A Road Map Necessitated by Parents’ Constitutional Rights When a child is removed from their parents’ care, DHHS must make reasonable efforts to reunify the family.

By Lanita Carter, Barry Malone, and Shelby Saybolt 10 ‘Tremendous Progress’: Benefits to Children from Federal Oversight of Michigan Foster Care System The state’s foster system has improved by leaps and bounds as a result of the requirements in a settlement agreement.

By Charles P. Farrar 14 Core Concepts: CPS, Law Enforcement, and Family Law Here’s what you need to know when your client is dealing with a CPS investigation and ancillary cases.

By Sonia M. Cannon and Rachel P. Anderson 16

PRESIDENT Dean M. Googasian

SECRETARY Victoria B. King

DIRECTORS Syeda F. Davidson Julie L. Kosovec Emily E. Long Jennifer L. Lord Moheeb H. Murray Kimberley Ann Ward Kenneth F. Neuman Layne A. Sakwa Jonathan B. Frank Silvia A. Mansoor

EXECUTIVE DIRECTOR Jennifer Quick

ABA DELEGATE James W. Low

PRESIDENT-ELECT Sarah E. Kuchon VICE PRESIDENT Aaron V. Burrell TREASURER Kari L. Melkonian

LACHES EDITORIAL BOARD Victoria B. King Syeda F. Davidson Coryelle E. Christie

Lanita Carter Thamara E. Sordo-Vieira

THE MISSION OF THE OAKLAND COUNTY BAR ASSOCIATION IS TO SERVE THE PROFESSIONAL NEEDS OF OUR MEMBERS, IMPROVE THE JUSTICE SYSTEM AND ENSURE THE DELIVERY OF QUALITY LEGAL SERVICES TO THE PUBLIC. Articles and letters that appear in LACHES do not necessarily reflect the official position of the Oakland County Bar Association, and their publication does not constitute an endorsement of views that may be expressed. Readers are invited to address their own comments and opinions to:

Reunification Therapy: Protecting Children from the Impact of High-Conflict Divorce This specialized therapeutic intervention helps children rebuild relationships with a parent.

By Sarah Kuchon 20

DEPARTMENTS

President’s Page E.D.itorial OCBA Calendar of Events Professional Development and CLE DEI On the Circuit Jury Trials and Utilization Foundation OCBA at Work New OCBA Members OCBA Staff Directory Adjourned

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LACHES (ISSN 010765) is the monthly (except July and December) publication of the Oakland County Bar Association, a Michigan nonprofit corporation, 1760 S. Telegraph, Ste. 100, Bloomfield Hills, MI 48302-0181. Copyright © 2025 Oakland County Bar Association. The price of an annual subscription ($20) is included in member dues. Periodical postage paid at Bloomfield Hills, MI 48304 and additional entry offices. Postmaster: Send address changes in writing to Oakland County Bar Association, 1760 S. Telegraph, Ste. 100, Bloomfield Hills, MI 48302-0181.

LACHES is published exclusively for the Oakland County Bar Association by Hour Custom Publishing, a division of Hour Media, L.L.C. Copyright © 2025.

All rights reserved. No portion may be copied or published without the express written consent of the publisher. The views expressed in this publication are not necessarily those of OCBA or Hour Media.

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PRESIDENT’S PAGE

Out of Office

By Dean M. Googasian

W

hen I was in law school, I had an opportunity to interview with a large local firm for a summer internship. As was typical at the time, I got a tour of their space and I was walked from one office to another to another to meet with different attorneys.

Whether I had three or four different interviews that day, I don’t recall, but I do recall that the last interview was with a young attorney who appeared frazzled. Her desk was piled high with files. We were nearing the end of a workday, the fall sun was shining outside the window, and there were places she would rather have been than sitting in her office. And things she’d rather have been doing than interviewing me. I didn’t blame her.

She sat down, took a brief look at the résumé she’d been given, set it aside, leaned forward, and looked me in the eye.

“Can I give you a piece of advice?” she asked.

“Sure,” I replied. I assumed she was going to suggest a change to my résumé. A different font, perhaps.

“When you can leave the office, do it.

Sometimes you can’t. Sometimes there’s just too much work and it has to be done. But when you can get out of the office, go.”

It was good, blunt, honest advice. And although I didn’t get the job, I took that advice, over the years, when I could. Because she was right. There are times, as we’ve all learned, when there is work that must be done and you simply can’t leave until the work is complete.

But leaving the office doesn’t mean the same thing today as it did back then. There was a time when physically getting out of the office meant something. Today, it doesn’t mean as much.

Many of us have been around long enough to remember a time when email wasn’t a thing.

I’m even old enough to recall a time before the internet. Even before cellphones. Before we were compelled to put “out of office” messages on our automatic email responses or in our

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voicemails to tell folks where we are and how to get help until we get back.

For the most part, I suspect lawyers who’ve commenced their practice in the last 25 years have never known a time when immediate responses weren’t expected. Our smartphones transmit our phone calls and emails and texts directly to us wherever we are. Clients, supervising partners, opposing counsel, and others can reach us at any time, around the clock.

And they know that when we don’t respond, we are not simply out of office but, with rare exceptions, choosing not to respond.

How does an attorney get out of the office when you carry the office with you in your pocket? If you’re out, even on vacation, but on your phone dealing with work emails, are you really away?

I don’t pretend to have all the answers.

And I’m in no position to give unsolicited advice. But perhaps a few suggestions — some simple rules that I try to live by and have seen others implement. I don’t claim to have invented them, but I do use them as often as I can.

Put the work phone away. Literally away.

Not in your pocket. Not just with the ringer off. Not charging on a side table where you can see the little blinking light or hear the dings of texts and feel compelled to unlock it when you walk by just to see what has come in. Put the phone away in a drawer out of hearing and sight. Better yet, turn it off completely. Look at it this way: Your phone will last longer if it gets turned off every so often to rest and recharge. And so will you.

But what if my kids/friends/spouse/golfing buddies need to get in touch with me? Many lawyers and others I know use the twocellphone method. One for work, one for family and friends. This can be a good way to keep things separate and allow a break from work communications.

Find commitments that demand your attention. Volunteer. Coach a sport. Tutor. I was fortunate to be able to coach many of my kids’ sports teams. I loved it. I made a commitment that required me to be out of the office and away from work. The time I spent with my sons was priceless. And it is very, very difficult to think about work while herding a team full of 10-year-olds around a baseball diamond or flag football field.

Get away. Lots of people do lots of different things to get away from work. If I have a few minutes and the weather is cooperative, I’ll go sit outside and get a breath of fresh air.

If I have an hour, I’ll go for a walk, with the phone safely tucked in a drawer, charging away, eagerly awaiting my return. Murphy, our rescue dog, and I can always use some exercise.

If I need a few days, I have a place I go way out in the wilderness where there is, quite literally, no cell reception whatsoever. No WiFi. No internet. Nothing. It is a glorious thing.

Of course, it never fails: Something always seems to hit the fan when I’m up there, and I end up driving several miles into town to set up shop in the parking lot of the local hardware store, where the reception is good enough to handle calls or send emails.

And yes, there is the lead-up to time out of the office when you’re scrambling to get things done. Stuff always seems to boil up and require attention just as you’re leaving. Then there’s the crushing load when you get back into the office of all the things that piled up while you were gone.

But it’s still worth it to get out of the office.

Dean M. Googasian is the president of the Oakland County Bar Association.

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E.D.ITORIAL

A New Year — A New Opportunity to Enhance Your Career Development

By Jennifer Quick

T

he start of a new year often brings a renewed focus on personal and professional growth. Many attorneys resolve to elevate their careers — whether by expanding their networks, honing their skills, or making a greater impact in their communities.

One organization that should be on every Oakland County lawyer’s radar is the Oakland County Bar Association. While it might not be the first thing that comes to mind when setting career goals, it’s a resource-rich community that can help attorneys at all stages of their careers connect, grow, and thrive. As an OCBA member, you have already taken the first step.

Serving a diverse membership of nearly 2,300 attorneys, judges, and legal professionals, the OCBA is more than a professional organization — it’s a dynamic hub where legal practitioners come together to foster professional development and serve the community. With a wide range of resources, from continuing legal education (CLE) programs and networking opportunities to leadership roles and community service initiatives, the OCBA offers unparalleled avenues for career enhancement. By getting more involved, attorneys can make meaningful strides toward their professional goals.

BUILDING A ROBUST PROFESSIONAL NETWORK

Networking is an essential, albeit sometimes daunting, part of any successful legal career. The OCBA transforms networking into a rewarding and accessible experience, providing opportunities for members to forge meaningful professional relationships.

Regularly hosted events, such as mixers, bench/bar roundtables, and annual dinners, offer platforms for connecting with peers, judges, and potential mentors. These connections often translate into client referrals, job leads, collaborations, or simply a deeper understanding of the local legal landscape. Engaging with the OCBA ensures that you remain visible and connected within Oakland County’s legal community, enhancing your opportunities for growth and collaboration.

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ACCESS TO TAILORED CLE AND LOCAL INSIGHTS

Keeping up with legal developments is essential, and the OCBA makes it easy by offering an extensive array of CLE programs. Our seminars cover a broad spectrum of topics, including Michigan law updates, niche practice areas, and essential skills.

What sets the OCBA apart is its emphasis on local and practical knowledge. Seminars and committee meetings often feature prominent Oakland County attorneys and judges, providing attendees with insights and guidance directly applicable to their practices. Additionally, the OCBA acts as a conduit for critical local updates, hosting forums where judges and attorneys discuss procedural changes, emerging issues, and judicial preferences.

Through its strong ties to local courts and government agencies, the OCBA ensures members have access to the most relevant and up-to-date information, empowering them to stay competitive and informed.

DEVELOPING LEADERSHIP SKILLS

One of the standout opportunities the OCBA provides is the chance to develop and showcase leadership skills. By joining committees like the Family Court Committee; Criminal Law Committee; or Diversity, Equity and Inclusion Committee, attorneys can take part in initiatives that shape the profession.

These experiences allow members to refine essential skills such as project management, collaboration, and strategic thinking. Leadership roles, such as chairing a committee or serving on the OCBA board of directors, not only build résumés but also establish attorneys as leaders within the local legal community. This visibility and recognition can lead to increased respect and influence among peers.

ACCESS TO MENTORSHIP OPPORTUNITIES

Mentorship is vital for professional growth, and the OCBA actively fosters these relationships

through formal and informal programs. For example, the OCBA’s award-winning chapter of the American Inns of Court connects young attorneys with seasoned professionals who provide guidance on making career decisions, navigating complex cases, and achieving work-life balance.

Experienced attorneys also benefit from serving as mentors. It’s an opportunity to shape the next generation of legal professionals while staying engaged with fresh perspectives on the practice of law. These mentorship relationships often evolve into lasting connections that enrich both parties.

ENGAGING IN PRO BONO WORK AND COMMUNITY SERVICE

The OCBA emphasizes giving back to the community, offering numerous opportunities for attorneys to engage in pro bono work and public service initiatives. Programs such as Senior Law Day, legal aid clinics, and partnerships with organizations like Lakeshore Legal Aid and the Legal Aid and Defender Association empower attorneys to assist underserved populations.

For younger attorneys, pro bono work provides invaluable hands-on experience and a chance to tackle responsibilities you might not encounter in your daily practice. For all members, these efforts help you build a reputation as a compassionate, community-focused professional while making a tangible difference in the lives of others.

ELEVATING YOUR PROFESSIONAL REPUTATION

Active involvement in the OCBA demonstrates a commitment to professional excellence and community service. These efforts significantly enhance your reputation within the legal community and beyond.

Speaking at CLE seminars, contributing articles to the OCBA’s Laches publication, or organizing association events are effective ways to showcase your expertise and dedication.

Moreover, the OCBA recognizes outstanding

2024–2025 member contributions through prestigious awards like the Distinguished Service Award and the Lakeshore Legal Aid Pro Bono Award. Such accolades further establish you as a leader in Oakland County’s legal community.

OPPORTUNITIES FOR YOUNG LAWYERS

For newer attorneys, the OCBA’s New Lawyers Committee (NLC) offers a welcoming environment in which to learn, grow, and connect. This committee organizes events, workshops, and mentorship opportunities tailored to the unique needs of early-career attorneys.

From practical guidance on courtroom etiquette to insights on career strategy, the NLC equips young lawyers with tools to navigate the early years of their careers.

Beyond professional development, it’s also a social hub that fosters camaraderie and support among peers.

CONCLUSION

is more than just a membership — it’s a gateway to personal and professional growth, providing resources and opportunities that can help you expand your network, obtain client referrals, refine your skills, develop as a leader, or make a difference in your community. By actively engaging in its programs, committees, and events, you can build robust networks, develop essential skills, and make meaningful contributions to your community and profession.

Whether you’re a seasoned attorney looking to give back or a young lawyer seeking mentorship and guidance, the OCBA offers resources, relationships, and opportunities to propel your career forward.

Your involvement not only enhances your own development but also strengthens the broader legal profession in Oakland County.

Take the steps to get more involved today — your career will thank you.

Jennifer Quick is the executive director of the Oakland County Bar Association.

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TIPS FOR MAXIMIZING YOUR OCBA MEMBERSHIP 1. Attend Events Regularly: Consistent participation in OCBA events ensures you build and maintain strong professional relationships.

2. Join a Committee and Attend Meetings Regularly: Select a committee aligned with your interests or practice area to make meaningful contributions and develop leadership skills.

3. Take on Leadership Roles: When ready, pursue leadership positions to maximize your influence and visibility within the organization.

4. Leverage Educational Opportunities: Stay ahead of the curve by participating in CLE programs, mentorship, and bench/bar roundtables.

5. Engage in Pro Bono Work: Use the OCBA’s pro bono initiatives to give back to the community while gaining practical experience.

6. Be Visible: Volunteer to speak at seminars, write for OCBA publications, or mentor young attorneys.

Want to learn more about how to take advantage of your membership? Join us for our biannual Membership Maximizer on Thursday, February 13, from 8:30 to 9:30 a.m. at the Oakland County Bar Association. There is no cost to attend, and in addition to providing more details on how to access all that the OCBA has to offer, we’ll leave plenty of time for building your professional network. Visit ocba.org/events to register.

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CALENDAR OF EVENTS Please Note: Dates listed below were sent to the publisher on December 3, 2024. It is possible that some of the events listed below have since been altered. Please check ocba.org/events for the most up-to-date schedule of events.

FEBRUARY

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NETWORKING NIGHT WITH THE DETROIT PISTONS A Joint OCBA New Lawyers Committee/DBA Barristers Event Join us at Little Caesars Arena for a special cross-networking event with members of the Detroit Bar Association.

Watch the Pistons face off against the Cleveland Cavaliers while building camaraderie and your book of business.

Feel free to bring family and friends. Enjoy exclusive ticket savings and all-you-can-eat hot dogs, nachos, popcorn, soda, and more at the North End Club. Register by February 2 at pistons.com/lawyers.

MEMBERSHIP MAXIMIZER Want to get more out of your OCBA membership? Hoping to expand your professional network? Then join us at 8:30 a.m. at the OCBA, and our staff will show you how to get the most value for your money and how your membership can help you grow professionally. Plus, we leave plenty of time to meet and network with your fellow members. RSVP at ocba.org/events.

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OFFICE CLOSED IN OBSERVANCE OF PRESIDENTS DAY NEW LAWYERS VS. THE BOARD CHALLENGE

The New Lawyers Committee annually invites the OCBA board of directors to a competitive challenge. This year, we return to Topgolf. Can the New Lawyers Committee retain its title after winning last year’s cornhole challenge, or will the board take back the coveted trophy? You don’t have to be a new lawyer or a board member to participate — you just have to pick a side! Register at ocba.org/events.

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MARCH

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CIRCUIT-PROBATE COURT BENCH/BAR CONFERENCE Beyond Boundaries: Effective Lawyering in a Digital World Our highly anticipated biennial Bench/Bar Conference is back, offering a unique opportunity to strengthen connections and collaboration between the bench and the bar. This year’s theme focuses on mastering digital tools in modern legal practice while avoiding common pitfalls. Gain valuable insights from engaging sessions and dynamic roundtable discussions on key topics, including the challenges and opportunities of AI, hybrid practice, and more. Don’t miss this chance to stay ahead in an evolving legal landscape! Learn more and secure your spot at ocba.org/bench-bar.

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CALENDAR OF EVENTS

MARCH

AFFINITY BAR CHARITY CHALLENGE Join several local and affinity bars and their guest judges as we compete to see which bar can raise the most for its charity of choice. Attendees will vote for their favorite bar association by donating cash “tips” to the association’s “tip jar.” All tips will go to the charities selected by each respective bar association.

The bar association that receives the most tips will win the challenge and receive an additional donation to its charity! All net proceeds from the event will be split between all of the charities. Join us and help your favorite affinity bar association to victory! Register at ocba.org/events.

Don’t miss your chance to join an extraordinary gathering of legal professionals at the 2025 Circuit-Probate Court Bench/ Bar Conference. This prestigious biennial event brings together more than 100 legal professionals, esteemed judges, and prominent leaders from Oakland County and beyond, setting the stage for collaboration and legal excellence.

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PROFESSIONAL DEVELOPMENT & CONTINUING LEGAL EDUCATION Expand Your Knowledge with These Great Seminars!

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PLLC Preliminary Exam inted counsel q., K and Q Law po ap e inal defens ssa Krauskopf, Es eli im Q&A cr M A r d . fo an r rts , pe ina q. m ex Es , se o A tricks from tw ongo-Baunsoe d ind an s uir Q tip n ia ar cil Le Ce : Presenters minary exams. r will review preli This Zoom semina n. w the presentatio inted counsel session will follo ng credit for appo ini tra l ina im cr of Worth 2 hours

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(8 a.m. – 1 p.m.) h/Bar Conference nc Be t ur coll Attorney Co te r connections and Circuit-Proba ing for the Digita 7 fostering stronge , Effective Lawyer ck n s: ba ee rie is tw da ce be un en ce er Bo Bar Conf Beyond g the balan nters on masterin ed biennial Bench/ at ce ip e ut tic em ko an th ea ’s hly br ar e hig ye bl is Our for valua the bar. Th eedings. Join us n the bench and portun and virtual proc rso laboration betwee challenges and op pe e inth as ll on ns we as sio us rk, sc wo di le ce fi ab of dt inur spot at remote and and engaging roun ore and secure yo practical insights ens soon! Learn m op ion at sessions featuring str gi Re actice and more. nities of hybrid pr ar.

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FEATURE | Case Service Plans

CASE SERVICE PLANS IN NEGLECT AND ABUSE PROCEEDINGS:

A Road Map Necessitated by Parents’ 14th Amendment Rights

By Lanita Carter, Barry Malone, and Shelby Saybolt

T

he Michigan Department of Health and Human Services (DHHS) operates numerous necessary government functions, such as managing the crime victim compensation fund and pursuing action to enforce child support obligations. One of DHHS’s most critical functions is protecting children through its operation of Children’s Protective Services (CPS). CPS investigates allegations of child abuse or neglect, and when the allegations are substantiated, DHHS files a petition for temporary or permanent wardship over the children with the court.

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Case Service Plans | FEATURE

A typical petition will identify the child or children, mother, and father. Not every neglect and abuse case will name all parents as respondents, as the analysis of who to name as a respondent is fact-specific and based upon who DHHS believes committed or was complicit in committing the alleged acts of neglect or abuse. Once a petition is filed in a neglect or abuse case, DHHS has an obligation to draft a Children’s Protective Services report (DHHS 154) and provide services to the family due to the parents’ constitutional right codified in the 14th Amendment. The parents, however, cannot be made to undertake action or comply with offered services until the court takes jurisdiction by either plea or trial.

The 14th Amendment to the United States Constitution protects the right of parents to raise their children as they choose and make decisions regarding their care, upbringing, and education without interference of the state.1 In part due to this constitutional right, when a child is removed from their parents’ care, courts have held that DHHS “has an affirmative duty to make reasonable efforts to reunify a family before seeking termination of parental rights.”2 “DHHS’s reasonable efforts must include the development of a case service plan, which ‘includes services to be provided by and responsibilities and obligations of the agency.’”3 In order to fulfill the obligation to make reasonable efforts toward reunification, DHHS is responsible for preparing several documents that fall under the general case service plan umbrella.4 “The case service plan may be referred to using different names than case service plan including, but not limited to, a parent/agency agreement or a parent/agency treatment plan and service agreement.”5 These plans are also called an initial service plan (ISP) and an updated service plan (USP).6 To clear up any confusion, the ISP and USP are different documents from the DHHS 154.

The terms are sometimes used interchangeably; however, the content of each of these documents is drastically different, and the distinction is important. The DHHS 154 details the CPS worker’s investigation. The ISP or USP is produced to assist the parents after the child has been removed and ensure parents are aware from the outset of the case what services DHHS expects them to complete in order to potentially reunify with their children. There are only limited circumstances where reasonable efforts are not necessary, and those are outlined within the child protection laws; otherwise, DHHS must exercise reasonable efforts and provide parents with case service plans.7 The first service plan DHHS is responsible for preparing is a written ISP.8 The ISP, specifically, documents the family’s background, evaluates the child’s experiences and problems, presents

a projected length of stay in foster care, and identifies goals and time frames to meet them.9 The ISP should also include services DHHS will provide along with its responsibilities and obligations.10 DHHS must prepare an ISP within 30 days after the juvenile’s removal from the parents’ home,11 and this ISP must be developed for each child and parent or parents.12 Furthermore, all service plans must be placed in the court’s file for documentation purposes.13 While DHHS is obligated to “prepare a case service plan that shall be available to the court and all the parties to the proceeding” (emphasis added),14 the law does not explicitly require DHHS to serve the other parties. However, service of the ISP to all parties, in addition to filing it with the court, is best practice and helps avoid future appellate issues.

After the initial case service plan is created, every 90 days, the service plan must be updated and revised and “shall be available to the court and all the parties to the proceeding” in the form of a USP.15 The USP must record information about the child and family; identify the permanency planning goal; identify efforts made to prevent removal and work toward the permanency goal; document the placement selection criteria considered when choosing the child’s placement; describe efforts to engage the child’s relatives,

their participation in the case-planning process, and their involvement with the child; assess the child’s status and the services provided to ensure the child’s medical, dental, emotional, mental, and educational well-being; document visitation plans between the child and their parents, guardians, legal custodian, siblings, and others; assess the continued need for interventions and placement; and make recommendations to the court.16 Again, like the ISP, the USP must be updated and revised and shall be “available to the court and all the parties to the proceeding” (emphasis added).17 There is nothing specific requiring service upon all parties or filing with the court within a specific time frame, but it is best practice to serve all parties and file the USP with the court as soon as it is completed to avoid future appellate issues.

In November 2023, the Michigan Court of Appeals analyzed the issue of a missing ISP and USPs in a termination of parental rights matter.18 In that case, DHHS did not prepare an ISP.19 It further failed to update the court in a USP at regular intervals.20 Despite evidence that the plan was produced orally to the trial court, the Court of Appeals stated this did not satisfy the department’s obligation to produce a written ISP.21 The Court of Appeals found that the closest that DHHS came to meeting its requirements was when the trial court included

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FEATURE | Case Service Plans

In order to fulfill the obligation to make reasonable efforts toward reunification, DHHS is responsible for preparing several documents that fall under the general case service plan umbrella. ...

These plans are also called an initial service plan (ISP) and an updated

plan should be a forward-looking blueprint for facilitating the return of the child to the parent.”25 An ISP and USPs should detail the department’s efforts to facilitate reunification and explain the services that will be provided to the parent, child, and foster parent to facilitate reunification.26 Ultimately, the Court of Appeals views case service plans as necessary guides to help the family progress toward the possibility of reunification in neglect and abuse cases. The Court of Appeals emphasizes the obligation of DHHS to provide a metaphorical road map of services to respondent parents in neglect and abuse proceedings in order to protect parents’ constitutional rights to raise their children as they see fit and without involvement of the government. In the Court of Appeal’s view, failing to create a written case service plan is a clear and obvious error that can warrant reversal if the issue is preserved for appellate purposes and no other reasonable efforts are made to reunify the family.

service plan (USP). the respondent father’s plan as part of the initial dispositional order.22 The Court of Appeals held DHHS still failed its obligation to prepare USPs every 90 days after the ISP should have been submitted. However, the termination was upheld for two reasons: First, the respondent father’s attorney at trial failed to preserve the issue. Second, the Court of Appeals indicated that reasonable efforts were made in alternative methods. The Court of Appeals specifically found that adequate services were offered to address the respondent

father’s chronic substance misuse, which was the underlying reason his child was in care, and these same substance use issues continued to prevent him from complying with the court’s orders.

In In re MJC, the Court of Appeals explained the difference between a court report and an ISP or USP.23 The Court of Appeals described court reports as “backward-looking documents that essentially provide status updates and brief lists of recommendations.”24 In contrast, ISPs and USPs are valuable because the “required service

Footnotes: 1. See Pierce v. Society of Sisters, 268 U.S. 510 (1925); Stanley v. Illinois, 405 U.S. 645, 651 (1972) (“It is plain that the interest of a parent in the companionship, care, custody, and management of his or her children ‘come[s] to this Court with a momentum for respect lacking when appeal is made to liberties which derive merely from shifting economic arrangements.’” (citing, Kovacs v. Cooper, 336 U.S. 77, 95 (1949))); Wisconsin v. Yoder, 406 U.S. 205, 232 (1972) (“This primary role of the parents in the upbringing of their children is now established beyond debate as an enduring American tradition.”); Washington v.

Glucksberg, 521 U.S. 702, 720 (“[I]n addition to the specific freedoms protected by the Bill of Rights, the ‘liberty’ specially protected by the Due Process Clause includes … to direct the education and upbringing of one’s children.” (citing, Meyer v. Nebraska, 262 U.S. 390 (1923)).

2. See MCR 3.965(C)(2)(d); MCL 712A.13a(9)(d); MCL 712A.19a(4); In re Hicks/Brown, 500 Mich. 79, 85-86,

893 N.W.2d 637, 639-40 (2017).

3. In re Dixson, 510 Mich. 1030, 1034-1035, 981 N.W.2d 62, 66 (2022).

4. In re MJC, Published Opinion of the Michigan Court of Appeals, p. 7 (Case No. 365616, November 21, 2023), quoting In re Hicks/Brown, 500 Mich. 79, 85 (2017), and citing MCL 712A.18f and MCL 712A.13a(1) (d) (“The case service plan may be referred to using different names than case service plan including, but not limited to, a parent/agency agreement or a parent/agency treatment plan and service agreement.”).

5. Id. 6. Id. 7. MCL 712A.19a(2).

8. MCL 712A.13a(10)(a).

9. MCR 3.965(D)(3).

10. In re MJC, supra at 7, quoting In re Hicks/Brown, 500 Mich. 79, 85 (2017), and citing MCL 712A.18f and 712A.13a(1)(d).

11. MCL 712A.13a(10)(a); see also Michigan Department

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Lanita Carter

Shelby Saybolt

Lanita Carter, Shelby Saybolt, and Barry Malone are assistant prosecuting attorneys with the Oakland County Prosecutor’s Office. They can be reached at carterl@oakgov.com, saybolts@oakgov.com, and maloneb@oakgov.com, respectively.

of Health & Human Services, Children’s Foster Care Manual, FOM 722-08, p. 7 (December 1, 2023).

12. Mich. Admin. Code R 400.12418.

13. Mich. Admin. Code R 400.12418(4).

14. MCL 712A.18f(2).

15. MCL 712A.18f(5).

16. Michigan Department of Health & Human Services, Children’s Foster Care Manual, FOM 722-08, p. 1 (December 1, 2023).

17. MCL 712A.18f(5).

18. In re MJC, Published Opinion of the Michigan Court of Appeals, p. 7 (Case No. 365616, November 21, 2023).

19. Id. 20. Id. 21. Id. 22. Id. 23. Id. 24. Id. 25. Id. 26. Id.

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FEATURE | Foster Care

‘TREMENDOUS PROGRESS’:

Benefits to Children from Federal Oversight of Michigan Foster Care System

By Charles P. Farrar

I

n 2006, an advocacy organization known as Children’s Rights filed a federal class action lawsuit in the U.S. District Court for the Eastern District of Michigan against the Michigan Department of Health and Human Services, exposing systemic deficiencies in the state’s foster care system.

Dwayne B. v. Granholm, Case No. 2:06-CV-13548 (ED Mich). On behalf of all children then in the department’s care, the complaint identified a disturbing litany of administrative failures, including a failure to maintain an adequate number of foster homes; the existence of excessively high caseloads and turnover rates for workers; poor monitoring of children’s safety; poor planning for transitioning children toward permanent homes; insufficient compensation for foster parents; and the failure by the department to collect available federal funds.

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Foster Care | FEATURE

The complaint further documented examples where these failures effectively harmed children, including those related to widespread instances of in-care maltreatment and neglect; failures to provide health care services for children; and unnecessarily long lengths of stay in care.

The result was a settlement agreement entered by the Hon. Nancy G. Edmunds in 2008 as a consent decree. It specifically outlined measurable tasks that the department was required to implement, with the aim of a comprehensive and systemic reform. The department agreed to accept federal oversight until these requirements were demonstrably met.

Generally, the consent decree ordered the department to demonstrate statewide measurable improvements relative to the following items: maltreatment in care; timeliness and permanency of family reunification; timeliness toward the goal of adoption where appropriate; placement stability of children while in care; timeliness and reliability of response to reports of child abuse and neglect; establishment of appropriate standards for staff qualifications, training, caseloads, and supervision; and structural reform of the department itself.

Continued judicial monitoring of these items resulted successively in a 2011 modified settlement agreement; a 2016 implementation, sustainability, and exit plan; a 2019 modified implementation, sustainability, and exit plan; and a 2024 stipulated order amending the

modified implementation, sustainability, and exit plan — each plan superseding the previous one.

MECHANISM AND METRICS OF MONITORING COMPLIANCE

The court-approved plans have tracked the course of the department’s successfully addressing the documented deficiencies and a commensurate relaxing of the grip of federal oversight.

The mechanism of this work involves the production of reports prepared by courtappointed monitors known as the Michigan Monitoring Team. Pursuant to the abovenamed plans, the monitors conduct ongoing verification activities and report on progress and compliance. Four such reports were produced under the original consent decree; six under the 2011 modified settlement agreement; three under the 2016 implementation, sustainability, and exit plan; and seven under the 2019 modified implementation, sustainability, and exit plan.

To give an idea of the rigorous scope of this monitoring, the 2011 settlement agreement identified a total of 238 “Measurable Items,” all connected to the items addressed in the Children’s Rights complaint.

RECENT REPORTS

Recent reports (including a report submitted in advance of the 2024 stipulated order and a June 30, 2024, updated report) highlight improvements in key areas. Included among them are a reduction in foster care workers’ caseloads, a 98% rate of timely initiation of abuse or neglect investigations, and a 94% rate of timely completion of investigations. These outcomes were achieved in part from the establishment of a centralized intake unit for the processing of reports of abuse and neglect. And the number of children in care was reported to be 9,445, down from 19,000 when the complaint was filed. Significantly, the number of children in congregate care facilities had also decreased in that same period from 1,200 to 448. Noteworthy, too, is the substantial increase in financial support to foster parents, including a 20% increase from fiscal year 2023 to 2024.

CURRENT STATE OF FEDERAL OVERSIGHT

The essence of the 2019 plan and the 2024 stipulated order is to organize the current Measurable Items into three categories — commitments to be achieved, commitments to be maintained, and structures and policies — and to usher the progress from one category to the next.

The “commitments to be achieved” category

includes requirements outlined in the consent decree whose outcomes have not yet been achieved. Ongoing monitoring of these commitments is required.

The “commitments to be maintained” category includes requirements that have been recently achieved but compliance with which requires ongoing monitoring.

The “structures and policies” category includes items no longer subject to monitoring but, rather, now incorporated into the department’s own ongoing maintenance measures.

Per the 2024 stipulated order, there are 43 Measurable Items (down from the 74 identified in the 2019 plan and, as mentioned above, from the original 238): 22 in the “commitments to be achieved” category (down from 29 in 2019); one in the “commitments to be maintained” category (down from 13 in 2019); and 20 new items in structures and policies (in addition to the 32 already in that category). In other words, 23 Measurable Items remain subject to monitoring. These include such things as preservation of sibling placement, adequate maintenance of updated children’s health records, support for transitioning to adulthood, and establishment of manageable caseloads for adoption workers.

Having studied the achievement of the vast majority of the original requirements and the progressive rolling of Measurable Items from one category to the next, Judge Edmunds, upon entering the 2024 stipulated order, praised the department for making “tremendous progress.”

RETURN TO INDEPENDENCE

Once the department has demonstrated 18 months of compliance with respect to each of the remaining Measurable Items, federal oversight will altogether terminate. With so many of the reforms solidly in place and unburdened by compliance efforts, the department will then, in the words of Janet Reynolds Snyder, the executive director of the Michigan Federation for Children and Families, have “more resources to work directly with children and families,” which, she adds, “is, of course, good for our communities.”

Charles P. “Chip” Farrar practices family and child protection law at Charles P. Farrar PLLC and was the immediate past chair of the OCBA Juvenile Law Committee.

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FEATURE | CPS

CORE CONCEPTS:

CPS, Law Enforcement, and Family Law

By Sonia M. Cannon and Rachel P. Anderson

T

he overlap between Children’s Protective Services investigations and law enforcement or family law cases is complex and can be likened to a labyrinth, ridden with confusing passages or paths. CPS investigations are their own beast in the law and, as a system, are regulated by specific statutes, agency policies, statewide protocols, and court rules.

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CPS | FEATURE

It is not unusual for a client who has family law and/or criminal law problems to have encounters with Children’s Protective Services. Societal issues like a mental health diagnosis (for parents and/or children), neurodivergence in children, disagreement over gender identity, domestic violence, incarceration, divorce or custody disagreements, substance misuse, failing adoptions, criminal activity, physical abuse, sexual abuse, false allegations or coaching, dependency, medical neglect, and financial hardships — to name a few — remain prevalent.1 With the growth of social media platforms, families including children are appropriately encouraged to talk about their problems more and to seek help.

In Michigan, reports of suspected child abuse are received by the Michigan Department of Health and Human Services’ centralized intake unit, a statewide department. The reports are called “complaints.” MDHHS does not investigate all complaints. One report estimated that in 2021, there were a total of 159,743 CPS complaints in the state of Michigan. Of those complaints, 41% were assigned for investigation, and of those, 24% were found to be confirmed cases of child abuse or neglect.2 For the parents involved in the CPS system, there are often difficult choices to make, such as whether they should compromise their Fifth Amendment rights or protect their fundamental parental liberty interests. Usually there are no right answers, and the client — not the attorney — needs to choose what their goal is. Getting a call from a CPS worker can be frightening, sending a client into a tailspin. It can also be overwhelming for divorce and criminal attorneys, who are usually the first attorney responders when CPS contacts a client. This article will aim to provide you with some basic concepts to know when your client is dealing with CPS and ancillary cases involving law enforcement and family court.

A CPS investigation focuses on the allegations, perpetrators, and risk of harm to the child or children. Both parents might be considered alleged perpetrators, or just one. Also, other perpetrators may include people like boyfriends, girlfriends, relatives, and/or neighbors. Even if a parent is not considered a perpetrator, they are expected to cooperate with an investigation. A parent can also be investigated for failure to protect or threatening with harm for not protecting their child or children from abuse or neglect or the possibility of the same. For example, a parent who is also a domestic violence survivor can be substantiated for threatening harm to their children if they have been victimized by their domestic partner when there are repeated law enforcement reports and prior CPS investigations, the underlying concern being the children’s

continued exposure to a violent home environment.

Even if a parent is not identified as the alleged perpetrator, they will be expected to cooperate with the investigation. Michigan child protection law says that upon contact, the CPS worker “must advise that individual of the department investigator’s name, whom the department investigator represents, and the specific complaints or allegations made against the individual.”3 However, it is our experience that CPS does not generally do this. It may provide a general description (e.g., “sexual abuse” or “child abuse”) but not the specific complaint.

CPS investigators are trained as investigators, much like police detectives. They are trained in interviewing techniques and strategies, including how to ask questions and what responses may or may not mean. Arguably, a parent who is unaware of the specific allegations might be less prepared to answer questions directly, might provide a naive or insufficient response, and/or might not recognize the gravity of the situation.

Parents commonly complain their statements are inaccurately reported and/or taken out of context.

In the future, this could be resolved by providing CPS investigators with body cams.

BASIC CONCEPTS IN JOINT LAW ENFORCEMENT AND CPS INVESTIGATIONS

In certain circumstances, the Juvenile Code requires law enforcement and Children’s Protective Services to conduct a joint investigation.4 MDH-

HS is required to “seek the assistance of and cooperate with law enforcement officials within 24 hours” in situations including but not limited to the following: Child abuse or child neglect is the suspected cause of a child’s death; a child is the victim of suspected sexual abuse or sexual exploitation; and suspected child abuse or child neglect has resulted in serious physical harm to the child.5 When law enforcement investigations commence, law enforcement officials must follow the county prosecutor’s protocol, specifically how it relates to forensic interviewing. Likewise, the law also requires law enforcement to cooperate with MDHHS under these circumstances.6 Depending on the type of case and locale, CPS and law enforcement can closely strategize and carry out their investigations or they may have parallel investigations. The more serious a case is, the more likely it is they are working jointly.

An attorney should keep in mind that there is no confidentiality with a CPS worker. CPS workers might update and/or keep in contact with an assigned law enforcement investigator.

As a practitioner, you may also find a law enforcement officer and CPS investigator have differing opinions and even styles. A person might not be prosecuted for a crime and still be substantiated for child abuse or neglect.

Once a CPS investigator contacts a parent, they set up a meeting to ask policy questions and questions about the allegations which caused the investigation. The investigator usually sets up a meeting after the first contact with the parent.

The CPS investigators are trained in their legal

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FEATURE | CPS duties to protect the state and federal constitutional and statutory rights of children and families.7 However, they have no obligation to warn a person that the person is making disclosures which may lead to adverse action. There is no requirement to provide a parent with any kind of notice of rights. A parent does not have to make a statement to CPS; however, making no statement and not cooperating could cause your client serious problems.

In joint law enforcement and CPS investigations where serious physical and/or sexual abuse is alleged, the child or children will be interviewed by a person who has been trained in forensic interview protocol. In Oakland County, the agency’s name is CARE House; however, each county has a slightly different name for the agency. Also, smaller counties may not have a forensic interviewing center. While parents do not like the idea of bringing their children to these interviews, they should understand that failure to cooperate with this evaluation could result in MDHHS seeking court intervention. Often, we remind parents their child or children are the best exculpatory evidence they can bring forward.

CPS investigators usually prohibit the alleged perpetrator from bringing the child or children to the interview to avoid any undue influence.

If a client is an alleged perpetrator, it’s best for them to stay away from the interview building altogether. A “multidisciplinary team” consisting of a group of people including a CPS investigator, forensic interviewer, law enforcement officer, and/ or prosecutor may attend the forensic interview, although they are shielded by a double-sided mirror. Parents and parents’ attorneys are not allowed to watch the interview and are seated in a separate area during the interview. The parent or person who brings the child to the interview may be interviewed in advance of the forensic interview with the child. A forensic interview has very specific requirements. In each county, the prosecuting attorney and MDHHS must develop and establish procedures for involving law enforcement officials and children’s advocacy centers. Further, each county and prosecuting attorney must adopt and implement standard child abuse and child neglect investigation and interview protocols. They must use the Governor’s Task Force on Child Abuse and Neglect

forensic protocols as a model in developing these protocols and procedures.8 Child protection law requires schools to cooperate with CPS. This includes allowing access to a child without the parent’s permission.

However, CPS must notify the person responsible for the care of the child at the time of the contact or as soon as possible after the contact.

CPS can delay the notice if the child’s safety is at risk. CPS cannot remove or move the clothing of a child to expose their buttocks, genitalia, or breasts, unless the department has obtained an order from a court of authority allowing a search.9 Interviews of a child or children without the parent’s knowledge and consent are obviously unsettling since most people tell their children to not speak to strangers. Since children do not have autonomy without their parents, this might be the only way for MDHHS to interview a child who they believe is being influenced or is at risk.

Allegations of serious physical abuse or sexual abuse are sometimes referred to as “aggravated factors.” These are very serious cases and might result in CPS filing to terminate parental rights.10 These parents might contact a criminal or family law attorney while they are in the hospital and their children are being treated. CPS and law enforcement do go to hospitals to interview parents. Parents make the mistake of providing many different reasons why their child might be injured because they are desperate to provide CPS and law enforcement with an answer — and to show there is an innocent explanation. However, their desperate explanations might make no sense and may later be used against a parent for providing an inconsistent explanation.

A client who has an ongoing law enforcement and Children’s Protective Services case has a heightened chance of having action taken upon them by one or both agencies. A person’s criminal history and/or criminal issues are not enough to find a child has been abused or neglected. There has to be a nexus between the conviction and the home environment that is provided to the child or children.11 If an attorney is dealing with these types of cases, they should tread carefully. Just as in criminal investigations, people being investigated by Children’s Protective Services have no right to counsel. In some cases, an attorney might be conducting their own investigation by gathering information and documentation to provide CPS.

BASIC CONCEPTS IN CPS AND FAMILY LAW INVESTIGATIONS

High-conflict divorces and custody disputes, false memories or coaching, and parental alienation, coupled with the child or children’s increased contact with mandatory reporters of abuse or neglect, may result in a CPS investigation. A mandatory reporter is required by law to make a

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CPS | FEATURE report of suspected abuse or neglect. Mandatory reporters include but are not limited to Friend of the Court staff, court staff in general, therapists, psychiatrists, psychologists, law enforcement, school officials, and teachers. A report by a mandated reporter may make children subject to family court jurisdiction, which can also cause increased contacts with CPS. Prior to filing a motion in the circuit court, it is best practice to try and reach the CPS investigator to make sure you are providing correct information to the court. An attorney should have a proper release of information and their client’s identification when reaching out to a CPS investigator.

When a CPS investigator meets a parent, they must provide certain information to the parent. This includes a pamphlet under the following circumstance: “If the person being interviewed is the non-custodial parent of the alleged child victim, and there is a Friend of the Court order, the DHS-1450, How to Change a Parenting Time Custody Order, must be offered to the parent.”12 Parents tend to interpret the receipt of this pamphlet as a CPS investigator’s request to have them file a motion. CPS workers cannot dispense legal advice and do not make custody recommendations.13 CPS should notify the Friend of the Court where the case commenced if it finds there is a preponderance of evidence that a child has been abused or neglected, if there has been an emergency removal before the investigation is completed, if the family court takes jurisdiction over a child, if one child is removed but another or others remain in the home, and of any other circumstances CPS finds related to child safety.

Also, CPS must provide a noncustodial parent of a child with their own form on how to seek a change in parenting time or custody.14 In addition, CPS may report to the local Friend of the Court office if a parent has more than three times within one year or on five cumulative reports made allegations against another parent, and those allegations were unsubstantiated by CPS.15 Family law clients should be very careful when deciding to make a CPS report about the other parent. A family law practitioner should use caution with a client who asks, “Should I report this to CPS?” In high-conflict cases, the tide can turn against the parent who is reporting the allegations, and they can be seen as the problem in the eyes of CPS and the family court.

Another common issue in family law cases and CPS investigations is the implementation of what is referred to as a “safety plan.” Safety plans are not creations of the law but instead policy. The safety plans serve many purposes, including giving the department an opportunity to complete its investigation without making a rash decision

to seek court removal. CPS cannot force a parent to accept a safety plan. The plan must be agreed upon by both parents.16 The reality is if a parent refuses to cooperate with CPS, and CPS believes there is imminent risk of harm, it can seek a court order to remove the children.

If an opposing party files a motion to abate your client’s parenting time because of a CPS investigation, it is critical to point out to the court that the investigations can take weeks or, in rare cases, months. And that an outright suspension of parenting time is not the only option. Be creative in offering solutions to prevent your client from not just losing their own time but jeopardizing the bond between the parent and child. This is extremely important when you have an opposing parent who is using CPS and causing investigations. Most importantly, remember safety plans are an agreement, not a requirement.

While a CPS investigation does not supersede family court orders, once a case has been accepted by the juvenile court, resulting from the family court having issued an order removing the child or children from a parent’s care, the juvenile court orders supersede all orders related to parenting time and custody even if the juvenile court orders are inconsistent or contradictory.17 If your client has shown a behavior which results in a substantiated complaint, there are appellate rights to an administrative law agency.

Your client will receive a letter in the mail with specific instructions; however, they might need to inquire if there has been some sort of mailing problem.

There is also nothing wrong with an attorney working with the CPS investigator to find services which may aid in improving your client’s parenting insight and skills. Also remember that CPS investigators have a very difficult job. It is both physically and mentally grueling. They have been charged with protecting one of our most vulnerable populations of people: children. We hope this article has provided you with some insight. If you are interested in reading more information on CPS in the state of Michigan, you might want to start with the Child Protective Proceedings Bench Book and Michigan’s Model Child Abuse and Neglect Protocol.18 Sonia M. Cannon is the founder of Cannon Law PLC. She has been practicing law for over 20 years. She is a graduate of Wayne State University Law School. Prior to entering private practice, Ms. Cannon worked for various state agencies, including the Michigan Department of Health

and Human Services, Michigan Department of Corrections, and Michigan Department of Attorney General. In addition, she worked with the Michigan Children’s Law Center representing children.

Cannon Law’s practice focuses on cases involving family law, divorces, custody disputes, grandparenting time, child welfare proceedings, personal protection orders, and administrative law hearings.

Rachel P. Anderson works at Cannon Law PLC as an associate attorney. She graduated from Wayne State University Law School in May 2023.

During law school, she clerked for Cannon Law PLC from 2020 until she received her law license in December 2023. Her primary focus areas include family law — specifically divorces — personal protection orders, CPS investigations and juvenile court proceedings, and victim advocacy.

Footnotes: 1. MCL 712A.2(b)(1) and (2) outline the specific basis for a court’s involvement with abuse and neglect cases.

2. 2023 Michigan Child and Family Services Annual Progress and Services Report, p. 3, michigan.gov/ mdhhs/-/media/Project/Websites/mdhhs/InsideMDHHS/State-Plans-and-Amendments/CFSP_ Annual_Progress_and_Services_Report_2023.pdf.

3. MCL 722.628(2).

4. MCL 722.628(1)-(5).

5. MCL 723.628(3)(a)-(c).

6. MCL 722.628(4) and (6).

7. MCL 722.628(19).

8. MCL 722.628(6) and michigan.gov/mdhhs/-/media/ Project/Websites/mdhhs/Adult-and-ChildrensServices/Abuse-and-Neglect/Forms-andPublications/DHS-PUB-0779.pdf.

9. MCL 722.628(8), (9), and (10).

10. MCL 722.638.

11. In re Mason, 486 Mich. at 161, 165, 782 N.W.2d 747 (2010).

12. PSM 713-01, p. 10, mdhhs-pres-prod.michigan.gov/ olmweb/ex/PS/Public/PSM/713-01.pdf.

13. MCL 722.628(23).

14. MCL 722.628(20), (21), and (23).

15. MCL 722.628(22).

16. PSM 713-01, pp. 16-18, mdhhs-pres-prod.michigan. gov/olmweb/EX/PS/Public/PSM/713-01.pdf (“Discussions of a temporary voluntary arrangement must be led by a parent or legal guardian; and the decision to change, extend, or stop the arrangement rests with the parent.”).

17. MCR 3.205(C); Krajewski v. Krajewski, 420 Mich. at 734-735, 362 N.W.2d 230 (1984); In re A.P., 283 Mich.

App. 574, 413 (2009).

18. courts.michigan.gov/4a26a2/siteassets/ publications/benchbooks/cpp/cppresponsivehtml5. zip/index.html#t=CPP%2FCover_and_ Acknowledgments%2FChild_Protective_ Proceedings_BenchbookFourth_Edition-u136a.htm and michigan.gov/ctf/-/media/Project/Websites/ctf/ pdfs/DHS-Pub-794.pdf.

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FEATURE | Reunification Therapy People divorce for various reasons. Regardless of the reason, divorce is hard. It involves the emotional pain of ending a significant relationship and is often accompanied by feelings of loss, failure, or betrayal. It disrupts routines, financial stability, and future plans. Divorce signifies the end of a marriage; however, when children are involved, divorce does not end the parental relationship. The relationship just looks different. Children keep divorced parents connected because co-parenting requires ongoing communication, collaboration, and shared decisionmaking. Parents must coordinate schedules, discuss educational and medical needs, and navigate milestones like birthdays and graduations together. This dynamic creates a lifelong relationship and potential for conflict. These conflicts are often marked by intense disputes, which can deeply affect the children involved. Children often feel caught in the middle, which can lead to loyalty conflicts or even alienation from one parent.

REUNIFICATION THERAPY:

Protecting Children from the Impact of High-Conflict Divorce

By Sarah Kuchon

I

was 14 years old when my parents divorced. I remember them telling me that they were separating. I remember feeling confused. I did not understand. Sure, they fought, but we were a family. Families stay together. Our family was now going to be broken, and I was scared because I did not know what our family would look like. What it looked like was years of my parents being unable to be in the same room together. I remember hearing about how my dad was not paying child support. I remember my “stepdad” standing in the driveway yelling profanities at my dad while he picked up my younger siblings. I remember hearing things like “Your dad is a loser.” I remember being told that my mom only cared about money. I could go on and on, but I think you get the picture. To say I felt lost and caught in the middle is an understatement. My parents did the best they could. Could they have done better? Sure, but they did not have the tools.

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BEST INTEREST OF THE CHILD

In Michigan, there is a presumption that it is in the best interest of a child to have and maintain a strong relationship with both parents. “Best interest” is defined by the Michigan Child Custody Act by using 12 factors, which focus on the love, affection, and emotional ties between the child and each parent; the ability of each parent to provide for the child’s needs; and the willingness of each parent to encourage a positive relationship between the child and the other parent, among other factors. While the presumption in favor of maintaining relationships with both parents does not mean equal custody, the court generally seeks to ensure that both parents remain involved in the child’s life, unless it is shown by clear and convincing evidence that parenting time would endanger the child’s physical, mental, or emotional health.

FAMILY AS A SYSTEM

Dr. Murray Bowen, a psychiatrist, believed that families operate as a system. Dr. Bowen’s theory, known as family systems theory, emphasizes the interconnectedness of family members and how the behavior of one can affect others within the system. When divorce occurs, the family is still a system. It just looks different. When there is conflict between family members, parents may unintentionally “triangle” the child by involving them in the conflict or use the child as a go-between or confidant. This can place undue pressure on the child. One or both parents may rely on the child for emotional support or even put the child in a co-parenting role. Children may struggle to maintain stable, secure attachments because of the constant emotional turbulence. This can result in feelings of confusion, abandonment, and loss as children are forced to navigate two sep-

Reunification Therapy | FEATURE

arate households, often with inconsistent rules, expectations, and emotional climates. Children may struggle with differentiation, the process of defining and clarifying one’s sense of self, because they are forced to take on the emotional needs of their parents. As a result, children may have difficulty establishing their own identity, particularly if they are enmeshed with one of the parents.

THE BLAME GAME

Due to the interconnectedness of family members and the influence each member has on the other members of the system, it is essential to the health and stability of the system that parents emotionally regulate, differentiate, and provide a balanced, stable environment. Unfortunately, high-conflict divorce often creates an environment of unpredictability and instability. Instead of working together, parents blame each other and become adversaries. This not only harms the parents’ relationship but also prevents the child from experiencing consistent, unified caregiving.

When parents blame each other, the child may feel torn between the parents. This emotional tug-of-war creates anxiety, confusion, and guilt, as children may feel that loving or maintaining a relationship with one parent means betraying the other. Blaming the other parent can also contribute to parental alienation, a situation where one parent deliberately attempts to undermine the child’s relationship with the other parent. Over time, the child may start to internalize negative views of the alienated parent, potentially severing the relationship. This can lead to long-term emotional damage for the child. Children may begin to see their parents as untrustworthy or unreliable. This destroys the foundation for secure attachment and emotional safety. Children may also develop negative self-esteem, believing that if one parent is being blamed, there must be something wrong with their family or themselves. The child can feel like the cause of the conflict, further eroding their sense of self-worth.

THE EFFECTS OF ADVERSE CHILDHOOD EXPERIENCES

Children need safe, stable, nurturing relationships and environments. Research shows that

adverse childhood experiences, also known as ACEs, can have long-term negative impacts on a child’s health and well-being well into adulthood. Examples of ACEs include witnessing violence in the home, growing up with substance use or mental health problems in the home, or experiencing instability due to parental separation, among other traumatic experiences.

While parental separation does not have to be traumatic, divorce is considered an adverse childhood experience because it disrupts a child’s sense of safety and stability. It often exposes them to stress, parental conflict, or emotional neglect. These challenges can have long-term impacts on mental health, relationships, and overall well-being.

Parents can minimize the trauma of divorce by prioritizing the child’s needs and maintaining a cooperative, respectful relationship with the other parent. A key aspect of a parent’s role is to manage their own personal grief and emotions while creating a balanced emotional environment where children feel secure, supported, and able to differentiate themselves as individuals. Parents are responsible for providing guidance and modeling appropriate emotional regulation. It is the parents’ role to protect, nurture, and guide. When parents involve children in their conflict, parents are putting their own needs above those of their children.

PREVENTING LONG-TERM EFFECTS WITH REUNIFICATION THERAPY

Reunification therapy aims to mitigate the potential long-term effects of high-conflict divorce.

Reunification therapy is a specialized form of therapeutic intervention aimed at helping children rebuild or repair relationships with a parent after estrangement or alienation. Estrangement and alienation can occur even when parenting time is in place. In cases of high-conflict divorce, children may become emotionally distanced from one parent due to prolonged conflict, manipulation, or negative influences from the other parent. Reunification therapy helps protect children by addressing the root causes of the estrangement and guiding the family through a process of healing and reconnection.

At its core, reunification therapy focuses on reestablishing and strengthening the bonds between children and their parents. This therapy typically involves a licensed mental health professional who facilitates structured sessions aimed at rebuilding trust and communication.

The therapist provides a safe environment for children to express their feelings, while also guiding parents in understanding their child’s emotional needs. Reunification therapy is a child-focused intervention. Through guided interactions, the therapist helps children gradually reconnect with the parent. The therapist helps the child articulate their feelings, ensuring they are heard and validated. This emotional acknowledgment is crucial for healing. The therapist works with the family to reduce hostility, promote empathy, and foster understanding, helping children regain trust and secure attachment.

Reunification therapy also facilitates communication by enabling open dialogue between parents and their children. This process not only helps children make sense of their experiences but also aids parents in understanding their child’s perspective. This process is often slow and requires patience.

Further, reunification therapy equips parents with essential tools for effective parenting. The therapist teaches parents strategies to enhance communication and foster a nurturing, stable environment. These can include techniques for active listening, expressing empathy, and managing conflict. Ultimately, by improving their parenting skills, parents are better positioned to meet the needs of their child.

As families navigate the challenges of separation, reunification therapy seeks to restore the child’s sense of security, strengthen parental bonds, and offer a healthier family dynamic.

By prioritizing the emotional safety of children and facilitating constructive communication, reunification therapy serves as a resource in protecting children and establishing healthier family systems.

Sarah Kuchon is a shareholder with Hohauser Kuchon. She focuses her practice in the area of personal injury law. Kuchon currently serves as president-elect on the Oakland County Bar Association’s executive board and serves on the state’s Commission on Well-Being in the Law. In addition to being a lawyer, Kuchon is a board-certified mental health counselor providing reunification therapy to families.

Contact information: Hohauser Kuchon, 363 W. Big Beaver, Suite 250, Troy, Michigan 48084; (248) 619-0700; sarah@hohauserkuchon.com. www.ocba.org

21

DEI

Lori Dec

Katie Tillinger

Diversity in the Legal Profession Scholarship and Update on the 2023-24 Recipients

By Lori Dec and Katie Tillinger

T

he Oakland County Bar Association and Oakland County Bar Foundation established the Diversity in the Legal Profession Scholarship in 2023-24 to provide more opportunities for students from underrepresented backgrounds to pursue law careers. This college scholarship was developed for Oakland County graduating high school seniors who have an interest in attending law school. The scholarship is funded through donations from OCBA members and small fundraising campaigns throughout the year.

Contributions to the scholarship are tax deductible. More information on the scholarship can be found at ocba.org/DiversityScholarship.

The Diversity, Equity and Inclusion Committee, with oversight from the OCBF, coordinates the awarding of the scholarship. In its inaugural year, 2023-24, two $5,000 scholarships were awarded in honor of the legacy of attorney Clarence Dass, who passed away in 2022 from colon cancer. The recipients of the 2023-24 scholarships were Doyeon “Emily” Kim, attending the University of Chicago, and Marlien William, attending the University of Michigan.

The remainder of this article focuses on Emily Kim and Marlien William, to whom we posed a handful of questions in Q&A style in mid-December 2024.

Emily Kim

Marlien William

Tell us in a few sentences about your family, the high school you graduated from, the college you are attending, and your major.

Emily Kim: I am a first-generation immigrant from South Korea. I moved to the States when

22 LACHES MAGAZINE

I was 4 years old and have lived in Michigan since 2015. I graduated from Troy High School and am currently attending the University of Chicago with an intended major in public policy.

club, we are sponsoring an 8-year-old orphan boy in Egypt, providing him with basic necessities and educational resources. To date, we have successfully raised $500 through various fundraising initiatives.

Marlien William: I am a first-generation Egyptian American, pursuing a Bachelor of Business Administration from the Ross School of Business, concentrating in strategy and business law. My experience as a former [Troy] Athens Red Hawk has instilled in me a passion for taking grassroots ideas and turning them into real-life visions that create value for people daily.

Tell us about your college classes and what you find interesting or challenging about them.

EK: As UChicago is on the quarter system, I have only been able to take four classes that are primarily focused towards fulfilling my core requirements. I’ve found that essay-based classes, specifically the humanities core, have been challenging yet engaging. I enjoy participating in class discussions that require us to think more about the authors’ perspectives and various interpretations, which I experienced in both my humanities and Intro to Law class.

What activities have you become involved in during your first semester at college?

EK: I am currently part of the Phoenix Sustainability Initiative (PSI), where I teach students around the Hyde Park area about different climate and sustainable actions to spread environmental awareness. I am also part of the Neighborhood Schools Program, where I tutor students from K-12 on reading and writing assignments. I specifically work with children with speech impediments and those on the [autism] spectrum.

MW: This semester, I have the opportunity to be part of the Detroit Initiative at Ross. My project team consists of four MBA students, and we are working on a pro bono consulting project for the Jenna Kast Foundation, a 501(c) (3) organization that grants “wishes” to children in Michigan who have relapsed from cancer.

Our goal is to help the foundation secure longterm corporate sponsorships through email marketing and content proposals.

Additionally, I co-founded the Coptic Club, which is part of the larger Coptic Orphans 501(c)(3) organization dedicated to supporting orphans in Egypt. The Copts are an Orthodox Christian community in Egypt, the direct descendants of the ancient pharaohs. Through the

MW: This semester, I’ve found my economics and cognitive psychology courses to be the most enjoyable. Cognitive psychology was particularly fascinating, as it allowed me to explore how my own mind works, covering topics like thinking, learning, and the brain’s various functions.

While economics was more of a requirement, I enjoyed learning about legal elements of business like antitrust law and labor unions.

What was hard/easy to adjust to in college?

EK: It was hard to adjust to the rigorous workload, as classes are very fast-paced, and it was hard to finish content in the nine weeks that we had in the quarter. I also found myself homesick at times, especially when I was not feeling well and was unable to have my mom’s food.

MW: I believe the most challenging part of college is finding people you connect with and determining your ideal schedule. You really have to step out of your comfort zone and strike up conversations with anyone and everyone during the first few weeks, whether it’s in the elevator or the dining hall. When it comes to academics,

DEI I’ve found that studying in the mornings works best for me, while others prefer late nights. The key is to stay consistent and establish a routine that works for you.

Any tips you can offer other students in applying for the Diversity in the Legal Profession Scholarship through the OCBA and OCBF? EK: I would definitely recommend students who are interested in the legal field to apply. If you are hesitant on applying because of the interview, I wouldn’t stress at all, as all the judges were very understanding and welcoming. It was easier for me to answer their questions when I just shared my experiences and interests in high school. Just be yourself and answer honestly.

MW: Think about what sets you apart. Many students are interested in law — what can you share with the judges that they’ll remember about you? For me, that was discussing my passion for the intersection of business and law,

and how my Egyptian identity has influenced me to explore careers in global affairs, international law, and immigration law.

Please add any other comments you want to make on being awarded the 2023-24 OCBA Diversity in the Legal Profession Scholarship.

EK: I am glad the OCBA has been able to offer these scholarships to students, as it encourages those who aspire to have careers in the legal field to further pursue their passions and interests in their university years. Through this scholarship, I have been able to better envision a future in the legal field and continue to engage in activities that make a social impact.

MW: To all the staff at the OCBA, I want to thank you for being an integral part of my college decision. Gaining admission to the University of Michigan’s business school was no easy feat, but financing my education presented an even greater challenge. I am truly honored

to be a recipient of this award, and I hope my experiences inspire young talent to consider the value they bring — how they can leverage their skills to make a meaningful impact on the world.

For the 2024-25 scholarship year, we honor the legacy of attorney Laurel L. McGiffert.

Ms. McGiffert served as the first director of diversity, equity, and inclusion at Plunkett Cooney and passed away unexpectedly in January 2024. We are proud to announce that again, two $5,000 scholarships will be awarded in the 2024-25 year. Applications were accepted through January 31, 2025, and the winners will be announced in April 2025.

Lori Dec is an administrator for L and the foundation at the OCBA. Katie Tillinger serves as the OCBA’s deputy director.

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23

ON THE CIRCUIT

The Circuit Court Welcomes Judge Tricia Dare!

By Pamela J. Monville

O

n November 5, 2024, Oakland County Assistant Prosecuting Attorney Tricia Dare was elected to a circuit court seat formerly occupied by Judge Phyllis McMillen, who presided over a general jurisdiction docket. Judge Dare is the 82nd person to occupy a circuit court seat for our court.

And with the May 2024 decision to convert the general jurisdiction seat to a family docket, Judge Tricia Dare became our eighth Family Division judge.

As deputy court administrator, I assist the court administrator in carrying out the directives of our chief judge,1 which, relative to this article, includes welcoming the newly elected or appointed judges to our court operations.

The onboarding process starts within a day after the judicial election or the publication of a governor’s appointment and continues for several days. Welcoming new Family Division judges takes a bit longer than for general jurisdiction judges. New Family Division judges are introduced to a host of juvenile, adoption, and Friend of the Court staff, none of whom participate in general jurisdiction dockets.

Fortunately for Judge Dare, and admittedly for administration, onboarding Judge Dare was easier because of her prior experience. Having worked for years as an Oakland County assistant prosecuting attorney, Judge Dare did not require a tour of the courthouse or extensive discussions with the juvenile division staff.

Known as an even-tempered, kind individual, Judge Dare has already established long-term relationships with our judicial and juvenile division employees.

Judge Dare received her juris doctorate degree from the University of Detroit Mercy School of Law. In 1996, during her last year of law school, Judge Dare worked part time with Oakland County corporation counsel as a senior law clerk. After passing the bar, she was offered a position with the Oakland County Prosecutor’s Office and began her 27-year career helping victims of sexual assault, do-

24 LACHES MAGAZINE

mestic violence, elder abuse, hate crimes, child abuse, neglect, and delinquency. Committed to public service for the vulnerable, Judge Dare volunteered at HAVEN2 and CARE House of Oakland County.3 When asked what she anticipates in her next chapter serving on the bench rather than appearing before it, she recalled her days sitting with her vulnerable clients. Judge Dare looks forward to having the ability to positively impact people’s lives, especially the lives of those going through difficult times or traumatic situations. When deciding delinquency cases, she will draw upon her early experience working for the Kalamazoo County Probate Court, where she visited minors and parents to assess the child’s remorsefulness and any tendency to recidivate.

On a personal level, Judge Dare grew up in rural Freeland, Michigan; participated in track and cheer at Freeland High School; and is the middle of three sisters. She still loves to run and has participated in several 10Ks. However, her favorite pastime is spending time with family. Judge Dare met her husband of 21 years, now-retired Oakland County Sgt. Perry Dare, while working in the courthouse.

They have two adult daughters in college with whom they have fond memories of vacationing at a Bear Lake cottage in northern MichiJudge Tricia Dare gan. Other hobbies include traveling and spending time in nature — camping, hiking, skiing, and most recently playing pickleball with her 79-year-old father, who she admits is a better pickler than she.

Having served as deputy court administrator since March of 2019, I have been privileged to welcome 7 of our 20 circuit court judges: Kameshia Gant, Yasmine Poles, Lorie Savin, Kwamé Rowe, David Cohen, Maureen Kinsella, and Amanda Shelton. Each meeting

is a unique and fun experience with individuals very humbled by being chosen as they commence their dreams of becoming judges.

In onboarding Judge Dare, I learned that her favorite number is 27. She said she was born on the 27th and she served 27 years as a prosecuting attorney before being elected to our vacant judicial seat. Oddly, earlier that week, I learned that when the docket was created for the eighth judge, docket No. 27 had been assigned. It was serendipity. Currently, judges serve a six-year term and are term-limited by age. They cannot run for reelection or be appointed if they are age 70 or older. While it is impossible for Judge Dare to match her 27-year prosecutorial service with a 27-year judgeship if age limits remain, she nevertheless can run three more times — for the 2031, 2037, and 2043 terms. If Judge Dare is successful in running for and completing judicial term 2043, she will be entering her 72nd year on Earth — the inverse of her favorite number.

Initially, Judge Dare will be holding in-person hearings and motion calls. So beginning January 2, 2025, she can be found in the courthouse tower chambers and Courtroom 3C. Please stop by and welcome our court’s newest jurist, the Honorable Tricia Dare, to the bench!

Pamela J. Monville serves as deputy circuit court administrator. The Sixth Judicial Circuit Court Administrator’s Office is open Monday through Friday, 8 a.m. to 5 p.m. You may reach the office at (248) 858-0951.

Footnotes: 1. The Michigan Supreme Court appoints a member of the bench to serve a two-year term as chief judge for the purpose of directing court operations. MCR 8.110(C). The court rule allows the chief judge to delegate daily responsibilities to administrative staff.

2. A center to help families escape domestic violence and sexual assault. haven-oakland.org.

3. A child advocacy center providing services to victims of child abuse. carehouse.org.

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CORPORATE FINANCE | STRATEGIC ADVISORY SERVICES LITIGATION SUPPORT | TURNAROUND & RESTRUCTURING

JURY TRIALS & UTILIZATION November 2024 DATE STARTED

JUDGE

11/12/2024

Anderson

2024-289285-FH People v. Watkins

Andrew McGarrow George Chedraue

Mayhem, Disch. FA Bldg., Weap. FF, Poss. FA, Fel. Aslt., Interfer. w/ Elec. Com., DV

Cts. 1-6 & 8 Guilty, Ct. 7 Not Guilty

1.5

11/18/2024

Anderson

2024-287639-FH People v. White

Elizabeth Lippitt Patrick O'Keefe

Crim. Enterprise, 2 Cts. Embez. $50K+, Embez. $1K-$20K, 6 Cts. Fail to File Tax Return

Guilty as Charged

3.5

11/25/2024

Anderson

2024-289967-FH People v. Mock

Sumeet Aggarwal Thomas Everett

Malicious Destruction of Property $1K-$20K

Not Guilty

1

11/21/2024

Brennan

2024-289921-FH People v. Lee

Andrew McGarrow Gregory Mortimore

OWI 3rd Offense, DWLS

Guilty as Charged

1.5

11/12/2024

Cohen

2022-280139-FC People v. Smith

Danielle Librandi Meagan Stamell

Armed Robbery, Weapons Felony Firearm

Guilty as Charged

2.5

11/18/2024

Cunningham

2021-279349-FC People v. Vuichard

Robert Novy Judith Gracey

Homicide - Open Murder

Guilty of 1st Deg. Premeditated Murder

7

11/7/2024

Grant

2024-290031-FH People v. Winbushbey

Brandon Barlog Edward Bajoka

Assault Prison Employee

Mistrial

1.5

11/21/2024

Matthews

2024-289177-FH People v. L. Williams*

Zachary Houchin Adam Clements

Ct. 1 Home Inv. 1st Deg., Ct. 2 Fel. Aslt., Ct. 3 Aslt. & Battery

Ct. 1 Guilty, Cts. 2 & 3 Not Guilty

2

11/21/2024

Matthews

2024-289180-FH People v. S. Williams*

Zachary Houchin Stephanie Carson

Ct. 1 Home Inv. 1st Deg., Ct. 2 Aslt. & Battery

Ct. 1 Guilty, Ct. 2 Dismissed

0

11/12/2024

McMillen

2023-204256-NI Tarek Aljida v. USAA Casualty Ins. Co.

Sam Elia, Kevin Kashat Richard Lewandowski

Personal Injury/Auto Negligence

No Cause

2

11/4/2024

O'Brien

2022-280543-FC People v. Bland

Sumeet Aggarwal Patrick Nyenhuis

Cts. 1 & 3 AWIM, Cts. 2, 4 & 6 Weap. FF, Ct. 5 Fel. Poss. FA

Cts. 1-4 Not Guilty, Cts. 5-6 Guilty

3

11/12/2024

O'Brien

2023-287185-FC People v. Booker

Andrew Duff Adam Clements

Cts. 1 & 3 AWIM, Cts. 2 & 4 Weap. FF, Ct. 5 Carrying Concealed Weap.

Ct. 1 Not Guilty, Cts. 2-5 Guilty

2.5

11/12/2024

Poles

2024-290116-FH People v. Ragland

Qamar Stamos Leonard Ballard

Possession of C/S

Not Guilty

2

11/18/2024

Poles

2023-199023-CH Mandy Harless v. Kensington Park Apartments

Jan Rubinstein, Kevin Burton Kevin Moloughney, Laura Alton

Housing & Real Estate

Case Settled Midtrial

1.5

11/12/2024

Rowe

2022-197855-NH Michelle Swain v. Evergreen Health & Rehab

Steven Hurbis Steve Cheolas

Medical Malpractice

Case Dismissed

2.5

10/28/2024

Valentine

2023-200414-CB Old School Organics v.

Lee Industrial Contracting

Jan Rubinstein Michael Watt

Business Court

Case Settled Midtrial

0

*Cases Tried Together

26 LACHES MAGAZINE

CASE NUMBER CASE NAME

ATTORNEYS

TYPE OF CASE

DISPOSITION

JURY DAYS

JURY TRIALS & UTILIZATION November 2024 DATE STARTED

JUDGE

11/14/2024

Valentine

2022-281651-FC People v. Hicks*

11/14/2024

Valentine

11/4/2024

Warren

CASE NUMBER CASE NAME

JURY DAYS

TYPE OF CASE

DISPOSITION

Ricardo Polanco Delicia Coleman

Ct. 1 Consp. to Murder, Cts. 2, 4, 6 Weap. FF, Cts. 3 & 5 Murder 1st Deg.

Ct. 1 Not Guilty, Cts. 2, 4, 6 Guilty, Cts. 3 & 5 Guilty of 2nd Deg. Murder

6

2023-287120-FC People v. Keko*

Ricardo Polanco Patrick Nyenhuis

Ct. 1 Consp. to Murder, Cts. 2, 4, 6, 8 Weap. FF, Cts. 3 & 5 Murder 1st Deg., Ct. 7 Fel. Poss. FA

Mistrial

6

2023-286478-FH People v. Jones

Jasleen Singh Rebecca Tieppo

Prostit./Transport Female, Animal Abandon./Cruelty, DWLS

Not Guilty

3

11/19/2024

Alexander 2023-284826-FH Visiting Judge People v. Leese

Amy Hopp Danielle Librandi

C/S Del./Manf. Meth

Mistrial

1.5

11/12/2024

Potts Visiting Judge

Michael Camaj, Steven Zang Robert McArdle

Personal Injury/Auto Negligence

No Cause

3

2022-195507-NI Suzanne Bender v. James Hansen

ATTORNEYS

*Cases Tried Together

HIGHER. BUSINESS. JUDGMENT. Jennifer Grieco Partner

Business Litigators | Business Lawyers altiorlaw.com | 248.594.5252 www.ocba.org

27

FOUNDATION

GRANT RECIPIENT PROFILE:

CARE House of Oakland County

By Jeffrey G. Raphelson

N

“It shouldn’t hurt to be a child.”

o organization in our county has done more to protect children than CARE House of Oakland County. The Oakland County Bar Foundation is proud to have supported CARE House with over $115,000 in grants since 2005. Given the theme of this issue, child protection, it is only fitting that we highlight this grant recipient’s many accomplishments in this month’s column.

About 1 in 10 children will be sexually abused before they turn 18,1 and girls are more than three times as likely as boys to suffer such abuse.2 Its effects, if not detected and treated, can be long-lasting and profound. Some victims experience symptoms of PTSD or anxiety disorders, depression and thoughts of suicide, sexual anxiety and disorders, difficulty maintaining appropriate boundaries with others, or poor body image and low self-esteem. Victims also sometimes engage in unhealthy behaviors, such as excessive alcohol or drug use, selfmutilation, or dietary disorders.3 CARE House was founded in 19774 to prevent child abuse and neglect and to protect children through advocacy, intervention, research, training, and treatment. It is the only child advocacy center in Oakland County, and its many programs are as effective as they are crucial. From January through November 2024, CARE House conducted 855 forensic interviews with potential child victims and served 359 clients in therapy. Its education programs were also successful: 320 Oakland County residents attended its Nurturing Parenting Program sessions, and 4,365 participated in its prevention and awareness programs.

However, the true measure of CARE House’s effectiveness lies in the human stories behind these statistics. Stories like Annie’s.

When Annie was 8, her stepfather began touching her inappropriately and visiting her bedroom

28 LACHES MAGAZINE

at night. He made her promise not to tell anyone, saying it would ruin their family. Annie started having nightmares and lost interest in school.

She finally confided in her best friend, who told their teacher, who made a report. At CARE House, Annie’s therapist helped Annie become comfortable enough to reveal what her stepfather had been doing. With CARE House’s support, Annie and her mother moved to a new house and the stepfather went to jail. By the time she was 11, Annie had regained her love of school,

had become closer with her mother, and, most importantly, felt safe.

Or consider Francesca’s story. Her mother died when she was 4. Because her father misused substances, Francesca moved in with her grandmother in Texas, but her grandmother died, too.

Then, Francesca lived with cousins in Pontiac, Michigan, but they filed a petition to remove her. She became a ward of the state and moved into a foster home in Waterford. Sensitive to the difficult, disrupted life Francesca had experi-

enced, a family court judge assigned Francesca to a CARE House special advocate, who began meeting with her twice a month. Francesca opened up to her advocate about her problems and needs, which her advocate helped address.

Francesca had become accustomed to her new school when the Waterford foster parents petitioned to have her removed. The foster care system planned to move Francesca to Saginaw, but her CARE House special advocate undertook extraordinary efforts and found her a new home in the same neighborhood, preserving the progress that would have been lost had Francesca been uprooted once again.

Annie and Francesca benefited from two of CARE House’s many programs that address child neglect and abuse. These programs include: • Intervention and Treatment. CARE House has counselors trained in Michigan’s Forensic Interviewing Protocol who conduct developmentally sensitive, unbiased interviews when there has been a report to law enforcement or Children’s Protective Services that a child may have been a victim of sexual or severe physical abuse or neglect. The interviews have proved effective at determining whether the child was, in fact, abused and assist in providing for the child’s safety (including with prosecution of the offender, where appropriate). CARE House also provides therapy for children (including adolescents), adults, and families who have been affected by abuse. Its therapists have specialized trauma training and use evidence-based treatment approaches.

• CASA (Court Appointed Special Advocates). This program coordinates the efforts of volunteer advocates, like the one who helped Francesca remain in her school.

They are appointed by judges or referees to

FOUNDATION advocate for their charges until the case is closed and the child is in a safe, permanent home. They work with lawyers, child welfare experts, teachers, and others to make sure the judges and child welfare agencies consider all necessary information, from the child’s perspective, when making decisions affecting the child.

• Nurturing Parenting Program. This is a 15-week program that helps families communicate and interact better. Topics include developing family rules, morals, and values; improving children’s self-worth; fostering adult empathy for children; and handling stress and bad behavior.

• Healthy Families Oakland. This program provides individually tailored support services to expecting parents or those with newborn babies. It is a free, voluntary program whose goal is to reduce parental stress and provide the latest research and advice on achieving the family’s parenting goals.

The service is available until the child is 3 years old.

• Prevention Training. This community outreach program trains participants in proactive steps to recognize, prevent, and respond to abuse and, thus, make our community safer for children. It covers topics such as pediatric abuse awareness, child and teen safety issues and trauma, toxic stress, and protective factors.

• Canine Advocates. CARE House also provides support dogs to children who have been neglected, abused, or sexually assaulted. Trained and donated by Leader Dogs for the Blind, these canine advocates support children in court and at child advocacy centers. In 2023, the Canine Advocates program placed 34 support dogs in Michigan and Ohio.

Blythe Tyler has been CARE House’s CEO for eight years. She sums up the challenge of CARE House’s work succinctly: “The thing that keeps me up at night is not the kids that are here. I know they’ll get the help they and their families need. It’s the kids that don’t make it here, either because they don’t tell anyone or no one believes them.” This is why CARE House’s awareness and prevention training programs are so important.

CARE House is an extremely well-run 501(c)(3) nonprofit agency. In 2023, 85% of its operating expenses were spent on programming. (It also benefited from 6,237 volunteer

hours.) Only 9% of its operating budget went to fundraising and 6% to management. CARE House relies on donations and grants, like those from the OCBF, but these donations accounted for only 23% of its operating expenses (in 2023). Its other funding sources include victims of crime funding, special events, Children Trust Michigan, and the Oakland County Health Division, among others. Thus, the bulk of CARE House’s funding might not make it into the following year’s budget for these governmental agencies, making donations and grants that much more important.

CARE House’s work serves the OCBA’s mission of providing access to justice and provides it for our community’s most vulnerable victims. Sadly, the need is never-ending, but we should all take comfort in CARE House’s work to address it. The OCBF greatly appreciates your donations and sponsorships, which make it possible to support CARE House through grants. I also encourage you to reach out to CARE House if you are inclined to do more — for example, serve as a foster child’s special advocate. It will be the most personally rewarding work you’ll ever do.

If you suspect that a child is being abused or neglected, call (855) 444-3911. This toll-free number is staffed 24 hours a day.

Jeffrey G. Raphelson is the president of the Oakland County Bar Foundation and a member and general counsel of Bodman PLC. He focuses his practice on commercial litigation, particularly matters related to the automotive and banking industries, as well as general commercial cases involving contract, intellectual property, corporate governance and dissolution, and dealer and franchise termination disputes.

He has served on numerous State Bar of Michigan committees and is a current board member and treasurer of the Historical Society for the U.S. District Court for the Eastern District of Michigan.

Footnotes: 1. Townsend, C. & Rheingold, A.A. (2013). Estimating a child sexual abuse prevalence rate for practitioners: A review of child sexual abuse prevalence studies.

Charleston, S.C., Darkness to Light. Retrieved from www.d2l.org/wp-content/uploads/2017/02/PREVALENCE-RATE-WHITE-PAPER-D2L.pdf.

2. About 1 in 7 girls vs. 1 in 25 boys will be sexually abused before they turn 18. Id. 3. Whealin, J. Ph.D. & Barnett, E. Ph.D. (2022). Child Sexual Abuse – National Center for PTSD. U.S. Department of Veterans Affairs. Retrieved from www.ptsd. va.gov/professional/treat/type/sexual_abuse_child. asp.

4. When founded, it was called the Child Abuse and Neglect Council of Oakland County.

MISSION

The Oakland County Bar Foundation’s mission is to ensure access to justice and an understanding of the law in our community. It is dedicated to: Improving and facilitating the administration of justice in Oakland County and throughout the state of Michigan; Ensuring to the fullest extent possible that legal services are made available to all members of the public; Promoting legal research and the study of law as well as the diffusion of legal knowledge; Promoting the continuing legal education of lawyers and judges; and Educating the public as to their legal rights and obligations, and fostering and maintaining the honor and integrity of the legal profession.

If you know an organization that could use assistance to pursue these goals within Oakland County, please refer them to ocba. org/ocbfgrants, where they can find information about applying for a grant from the foundation.

www.ocba.org

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OCBA AT WORK The mission of the Oakland County Bar Association is to serve the professional needs of our members, enhance the justice system, and ensure the delivery of quality legal services to the public. We fulfill our mission through our 30 committees, regular networking events, and numerous educational programs for both OCBA members and the public. We work hand in hand with the OCBA volunteer board directors and members, and we partner closely with the courts.

Below are recent examples of the OCBA at work in service to the bar and to the community.

Bar Night Out: Novemberfest Hosted by the OCBA Membership and New Lawyers committees, the Bar Night Out: Novemberfest mixer was held on November 6, 2024, at Mother Handsome café and bar in Oak Park. It was an opportunity for all OCBA members to connect with colleagues and strengthen their professional relationships in a unique and lively atmosphere while enjoying delicious food and refreshments.

New Lawyer Admissions Ceremony The Oakland County Bar Association and Oakland County Circuit and Probate courts were thrilled to host the New Lawyer Admissions Ceremony at the Oakland County Commissioners Auditorium in Pontiac on November 15, 2024. This prestigious event welcomed the newest members of our legal community, who took the oath to uphold justice and serve the public with integrity. The ceremony featured members of the probate and circuit court benches sitting en banc as well as remarks from distinguished judges and esteemed attorneys.

Friends, family, and colleagues of the new attorneys joined in the momentous occasion. This has been a time-honored event celebrating the new beginnings of those in the legal profession!

30th Annual Youth Law Conference The Youth Law Conference was held on November 19, 2024, at a new venue, Walsh College in Troy, and featured keynote speaker Michigan Secretary of State Jocelyn Benson. The event aimed to educate high school juniors and seniors about career options in the legal profession, civic responsibilities, and the general legal process. It provided tools for better decisionmaking and featured a variety of legal issues that pertained to a teen audience from schools in Oakland County. By tailoring this program to the interests and issues of high school students, the OCBA and its volunteer attorneys delivered an engaging program that was a hit with students and teachers alike.

30 LACHES MAGAZINE

OCBA PEOPLE

JENNIFER GRIECO ASSOCIATION STAFF Executive Director Jennifer Quick (jquick@ocba.org) Deputy Director Katie Tillinger (ktillinger@ocba.org) Finance Director Susan Maczko (smaczko@ocba.org) Professional Development Director Shanay Cuthrell (scuthrell@ocba.org) Court Services Manager Cristin Doble (cdoble@ocba.org) Marketing Communications Specialist MB Cairns (mcairns@ocba.org) Bookkeeper Mayly McRae (mmcrae@ocba.org) Administrator – Court and Public Services Janise Thies (jthies@ocba.org) Administrator – Events and Member Services Kari Ross (kross@ocba.org) Administrator – LRS and Membership Geni Fritch (gfritch@ocba.org) Administrator – Laches and Foundation Lori Dec (ldec@ocba.org) Unless otherwise indicated, please call (248) 334-3400 for assistance.

Address Changes............................................................... Kari Ross Billing........................................................................... Mayly McRae Board of Directors..................................................... Jennifer Quick Case Evaluator Applications............................................... Kari Ross Committees.................................................................Katie Tillinger District Court Case Evaluation......................................Cristin Doble Event Photos.................................................................... MB Cairns Finance....................................................................... Susan Maczko Inns of Court.............................................................Shanay Cuthrell Judicial Candidate Fora................................................ Janise Thies Laches Magazine........................................................ Jennifer Quick Lawyer Referral Service – (248) 338-2100........................ Geni Fritch Member Illness & Death Notification..........................Katie Tillinger Membership................................................................Katie Tillinger New Lawyer Admissions..............................................Katie Tillinger News Releases.................................................................. MB Cairns Oakland County Bar Foundation.................................Katie Tillinger OCBA Mediation Service.............................................Cristin Doble OCBA Policies........................................................... Jennifer Quick Pro Bono Mentor Match Program................................. Janise Thies Professional Development/CLE................................Shanay Cuthrell Room Rental Reservations.................................................. Kari Ross Speakers Bureau............................................................ Janise Thies Volunteer Opportunities................................................ Janise Thies Website..................................................................... Jennifer Quick

Business Litigators | Business Lawyers altiorlaw.com | 248.594.5252 Our Partners | Kenneth Neuman, Jennifer Grieco, Stephen McKenney, Matthew Smith, and David Mollicone

NEW MEMBERS in November Aneerah R. Ali Kyle Attisha Emily Brock Abagail Christine Cacovic Michael Caine Thomas Carr Alex J. Challangoe Claire Glenn Holly Grafton Jacob Axel Hankin Amanda LaRue Hudson Hannah Marie Johnson Katie Lynn Kennedy Sandra Marie Kerr Mark Charles Klein George M. Malis Noah A. Nathan Laith Quasem Sultan Rashid Matthew Rossi James Anthony Ryan Adam Salomon Nayla Sater Kathleen Sharkey Sydney Stankovich Mark St. Peter www.ocba.org

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ADJOURNED

Child Protection

By Lisa R. Bremus

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1. Gov’t agency to protect children 4. The “final frontier” 9. Former record label 12. View 13. Relating to a city 14. Med. professionals 15. Custody decisions are made “__ __ __ interests of the child” (3 wds.)

17. Cabin 18. Wilder’s play: __ Town 19. Mandated reporter, e.g.

21. Rescues 23. Deceives (2 wds.)

24. Type of beer 25. Groups of prospective jurors 27. Person placed under the protection of a legal guardian 29. Prosecutor (abbr.)

30. Not short 34. Made a mistake 36. Poor grade 37. Consent __ 40. Cartoon chipmunk 42. __ domain 44. Born 45. Law & Order: Special Victims Unit role 46. Legal norms 50. Oakland County sentencing alternative, briefly 51. __ intervention 52. Mediterranean, e.g.

53. French fashion designer’s monogram 54. Blackthorn fruits 55. Finish

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1. __: Vegas (TV series) 2. Writing implement 3. A ssign or transfer, in law (2 wds.)

4. Plaintiffs 5. O fficial name of Bangladesh, briefly 6. A id and __ 7. N umber of assignments handled by a social worker 8. I nvolve 9. M I office providing child and family welfare services 10. Salad dressing bottle 11. Dog in The Jetsons 16. Shade 20. “__ la vie” 21. Glimpsed 22. Pie __ __ mode (2 wds.)

25. Termination of __ rights 26. Poem

28. Laura of Marriage Story 31. __ childhood experiences 32. Flower necklace 33. Cariou of Blue Bloods 35. Belonging to Witherspoon 37. Postpone 38. Releases 39. Branch of law 40. Griffith and Warhol 41. Michele of Glee 43. Root vegetable 47. MLB division 48. Lion’s lair 49. Depressed Answers can be found at ocba.org/laches.

and Other Privacy Law Compliance

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Wachler chler & Assoc ciates represents nts hea healthcare providers, provide rs, suppliers, su liers, and an other er entities and a individua duals ls in Michi Mi higan and nationwi tionwide in all areas of he health alth law includin i ng, bu but not limited limite d to:

• Healthcare Corporate and Transactional Matters, including • Healthcare Corporate and Contracts, Corporate Formation, Transactional Matters, including Mergers, Sales/Acquisitions, and Contracts, Corporate Formation, Joint Ventures Mergers, Sales/Acquisitions, and • Medicare, Medicaid, and Other Joint Ventures Third-Party Payor Audits and • Medicare, Medicaid, and Other Claim Denials Third-Party Payor Audits and • Licensure, Staff Privilege, Claim Denials and Credentialing Matters • Licensure, Staff Privilege, • Provider ContractsMatters and Credentialing • Provider Billing and Reimbursement Issues • Contracts

• Statute (AKS), • Stark BillingLaw, andAnti-Kickback Reimbursement Issues and Fraud & Abuse Law Compliance • Stark Law, Anti-Kickback Statute (AKS), • Physician Physician Issues and Fraudand & Abuse LawGroup Compliance • Physician Regulatory Compliance • and Physician Group Issues

• Regulatory Corporate Practice of Medicine Issues • Compliance • Participation/Termination • Provider Corporate Practice of Medicine Issues Matters • Provider Participation/Termination • Matters Healthcare Litigation • • Healthcare Healthcare Investigations Litigation • Civil and Criminal Healthcare Fraud • Healthcare Investigations

• and Medicaid Suspensions, • Medicare Civil and Criminal Healthcare Fraud Revocations, and Exclusions • Medicare and Medicaid Suspensions, • Revocations, HIPAA, HITECH, CFR Part 2, and42 Exclusions and Other Privacy Law Compliance • HIPAA, HITECH, 42 CFR Part 2, and Other Privacy Law Compliance

S E R V I N G

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Number 675 | February 2025

LACHES

Oakland County Bar Association 1760 S. Telegraph, Suite 100 Bloomfield Hills, Michigan 48302-0181

If you are receiving duplicates of this magazine, please call the OCBA at (248) 334-3400.

We are trial lawyers who pursue justice for those whose lives have been shattered by the misconduct and malpractice of others.

> Catastrophic injury cases > Malpractice litigation > Auto claims

248-540-3333 www.googasian.com The Googasian Firm, P.C. 6905 Telegraph Road, Suite 140 Bloomfield Hills, Michigan 48301 (248) 540-7213 (fax) contact@googasian.com

Nearly all our clients come to us at the recommendation and referral of another lawyer or one of our own clients. We work hard each day to earn and keep our reputation as lawyers who honor referrals and take superb care of other lawyers’ clients, family members, and friends in times of crisis and need.

The Googasian Firm, P.C. Craig M. Weber • George A. Googasian Thomas H. Howlett • Dean M. Googasian