IN RE KIARA MARIE JOHNSON MINOR
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of KIARA MARIE JOHNSON,
Minor.
DEPARTMENT OF HUMAN SERVICES,
UNPUBLISHED
November 17, 2009
Petitioner-Appellee,
v
No. 292545
Oakland Circuit Court
Family Division
LC No. 08-753929-NA
MARVIN L. JOHNSON,
Respondent-Appellant.
Before: Hoekstra, P.J., and Murray and M. J. Kelly, JJ.
MURRAY, J. (concurring).
I concur with the majority opinion reversing the trial court’s order terminating
respondent’s parental rights to the minor child, but only because the trial court’s exclusive reason
for exercising jurisdiction did not come within one of the statutory grounds under MCL
712A.2(b)(1) and (2). That statute provides:
(b) Jurisdiction in proceedings concerning a juvenile under 18 years of age
found within the county:
(1) Whose parent or other person legally responsible for the care and
maintenance of the juvenile, when able to do so, neglects or refuses to provide
proper or necessary support, education, medical, surgical, or other care necessary
for his or her health or morals, who is subject to a substantial risk of harm to his
or her mental well-being, who is abandoned by his or her parent, guardian, or
other custodian, or who is without proper custody or guardianship . . . .
*
*
*
(2) Whose home or environment, by reason of neglect, cruelty,
drunkenness, criminality, or depravity on the part of a parent, guardian, nonparent
guardian adult, or other custodian, is an unfit place for the juvenile to live in.
The trial court concluded that jurisdiction existed under § 2(b)(1) and (2) because respondent
“father will not be around for a significant period of this child’s life . . . .” However, that
-1-
rationale does not appear to address any of the statutory criteria for exercising jurisdiction and,
absent any other finding that falls within the statute, the trial court was precluded from
proceeding further against respondent. See In re Ramsey, 229 Mich App 310, 314; 581 NW2d
291 (1998).
/s/ Christopher M. Murray
-2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.