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149537 - In re Wangler/Paschke, Minors

IN RE WANGLER/PASCHKE, MINORS
 
 
 
 ________________________________
 
 
 
Jamie Wangler, Joshua Wangler, and Marissa Paschke, Minors,
 
 
 
Appellees,
 
and
 
 
Department of Human Services,
 
Eric G. Scott
 
Petitioner-Appellee,
 
 
v
(Appeal from Ct of Appeals)
(Sanilac – Monaghan, J.)
 
Melissa Paschke,
 
Brandon McNamee
 
and
Respondent-Appellant,
 
Todd Wangler,
Respondent.
 
 

Summary

The Department of Human Services filed a petition of abuse and neglect seeking removal of the three minor children due to mother’s opiate addiction and her repeated exposure of the minor children to domestic violence in the home. The children were placed in the care of an aunt. The parties agreed to alternative dispute resolution; at the mediation, the mother signed a written agreement, entering a plea as to certain allegations of neglect, with her plea to be held in abeyance so she could participate in services. But she failed to adhere to the terms of the agreement, and DHS filed a petition to terminate parental rights. The mother argues that her written plea was not valid. The issues to be addressed include: (1) the meaning of the phrase "dispositional order" within the context of a termination of parental rights proceeding; (2) whether the termination order constituted the first dispositional order; and (3) whether and to what extent the collateral attack analysis in
In re Hatcher, 443 Mich 426 (1993), extends to the mother’s due process challenge.