Michigan Dissent Denying Grandmother Adoption Over Possible Audit

Lori Scribner was denied adoption of her grandchildren because the former Superintendent of Michigan Children's Institute did not read the court files granting her custody and guardianship.  So to Court corrected the mistake and rendered its final determination, but not without a beautifully written dissent:

The rationale for this decision and that in the earlier placement case is readily distilled: Leave the children where the system first hastily placed and left them the longest, then justify it all by simply completing the illogical circle by righteously declaring that they’re best off where they’ve now been the longest! This contrived, bootstrapping “analysis” by the Supreme Court, which reversed this panel’s original decision and which now essentially compels the instant decision of this Court to justify the resolution of these cases, is at best embarrassing, and at worst a sad, shameful example of a process and a system that failed this family.

 Michigan Appeals Judge Jane Markey

December 4, 2014

In order to access funding, there must be a judicial determination.  If the Court ruled in favor of the grandmother, the state would be found culpable of fraud.  That would not be a good thing as the state is about to be let off the hook in court monitoring and up for it regular HHS audit.

Michigan Appeals Court Dissent in Michigan Children's Institute Case 12-4-14 by Beverly Tran

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