Thursday, April 24, 2014

Michigan denies grandparent guardianship on disjointed law

In a 22-page unanimous decision, the Michigan Supreme Court issued an opinion on a grandmother, Lori Scribner, who attempted to adopt her grandchildren.

The issue stands that the grandmother did not put in her application for guardianship in a timely manner according to current child welfare law.

There is a specific window of time in a child custody proceeding which affords children to be placed with relatives.  Typically, there is no legal representation for family members and they will be denied or discredited on lack of legal knowledge in procedure.

Scribner only petitioned for guardianship after the omnipotent Superintendent of the Michigan Children's Institute denied her petition for adoption.

The adoption petition was denied on the grounds that the Michigan Superintendent can, at will, override federal standards and fictitiously generate a "best interests of the child" evidentiary standard which became the only authority to rely upon for the opinion.

After having her grandchildren in her care in Florida, Michigan removed the children, again and placed the back with the foster parents, not on "best interests of the child" but on the basis that MCI Superintendent guardianship has never been rescinded.

All is not yet lost, the issue on whether or not the children should have been assigned to MCI after Scribner stated her formal intentions to care for her children is to be sent back to the Appellant Court.
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