In the Matter of Taurus F.

Introduction

This is a case of first impression concerning the termination of parental rights. It considers the right of a mother to give custody of her child to a sister without court intervention, and the character that such custody may take. It also considers what criteria must be applied to establish probate court jurisdiction on the basis that the child in question is "otherwise without proper custody” under MCL 712A.2(b); MSA 27.3178(598.2)(b).

The case arises from the efforts of a mother who gave birth to a child while incarcerated to place that child in custody with the mother’s sister.…