Legal Opinion
In the Matter of McDuel
Michigan Court of Appeals
Decided May 7, 1985No. Docket 78349PublishedCited by 11 opinions
1Opinion of the CourtShepherd, P.J.
Respondent McDuel appeals as of right from an April 24, 1984, probate court order which terminated her parental rights and placed her four-year-old son in the permanent custody of the probate court. MCL 712A.19a; MSA 27.3178(598.19a). We reverse and hold that:
A. Parental rights may not be terminated on the basis of a parent’s physical incapacity in the absence of culpable neglect.
B. The normal depression which may accompany a physical illness is insufficient to establish a mental illness under the statute permitting termination of parental rights by reason of a parent’s mental illness.
Responde…
2Cases cited14 opinions
- Santosky v. KramerSupreme Court of the United States · 1982
- Fritts v. KrughMichigan Supreme Court · 1958
- In the Matter of LaFlureMichigan Court of Appeals · 1973
- Sharood v. HatfieldSupreme Court of Minnesota · 1973
- In Re BaileyMichigan Court of Appeals · 1983
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In Re the Termination of Parental Rights of P.A.M.South Dakota Supreme Court · 1993
- In Re BrownMichigan Court of Appeals · 1986
- In the Matter of TedderMichigan Court of Appeals · 1986
- In Re YoumansMichigan Court of Appeals · 1986
- In Re DraperMichigan Court of Appeals · 1986
6 more not listed; retrieve them via the Exa API.