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No. 122790
| In
re C.A.W., Minor. |
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Jacqueline
G. Nanni (586) 771-5900 |
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| Family Independence Agency, |
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Thomas L. Casey |
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Petitioner-Appellant,
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Chantal B. Fennessey (313) 456-0280 |
| vs (Appeal
from Ct of Appeals) |
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(Macomb
-- O'Sullivan, J.)
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| Larry Heier, |
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Ronald H. Greve (586) 777-0202 |
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Appellee,
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| and |
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Deborah Ann Weber and Ronald Rivard,
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Respondents.
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Click to view briefs in Adobe format:
Petitioner-Appellant's Brief on Appeal>>
Appellee's Brief on Appeal>>
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Children's Law Section: Amicus Curiae
Brief>>
Background
In July 1998, the FIA Child Protective Services (CPS) filed a petition
asking the Macomb County Circuit Court Family Division to take temporary
custody of three children. The children's mother, Deborah Weber, was
married to Robert Rivard who "is the legal father of all three
children," the FIA petition stated. The petition also stated that
Larry Heier was the alleged biological father of one of the children,
C.A.W. At a hearing, the mother testified that Heier was not C.A.W.'s
father, and Rivard testified that he was the father. Based on this testimony,
the circuit court amended the petition to delete any reference to Heier,
although the petition continued to note that there was some question
whether Rivard was the biological father of any or all of the children.
In November 2000, on CPS's petition, the circuit court terminated Weber's
and Rivard's parental rights to all three children. Heier filed a motion
to intervene in January 2001. He claimed to be C.A.W.'s biological father
and argued that he had not been served properly with notice of the termination
proceedings. Macomb County Circuit Family Division Judge Pamela Gilbert
O'Sullivan denied Heier's motion, finding that he lacked standing to
intervene. The Court of Appeals reversed in a published opinion. A majority
of the panel stated that, because Heier's identity as the alleged biological
father was at issue from the beginning, he had standing to intervene
in the child protective proceeding. The FIA appeals.
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