The
family court assumed jurisdiction over the respondent father’s children on the
basis of educational neglect because the children had a high level of
absenteeism and tardiness. After the
family court assumed jurisdiction, it terminated the respondent’s parental
rights for failing to comply with his parent agency treatment plan. On appeal, the respondent argued that there
was insufficient evidence to support the family court’s assumption of
jurisdiction pursuant to In re Ferranti,
504 Mich 1 (2019). The Court of Appeals
affirmed in an unpublished opinion, with one judge dissenting. The
Supreme Court has ordered oral argument on the application to address: (1) whether a child’s chronic absence from school is, on its own, a
sufficient basis for the trial court to assume jurisdiction on the ground of
educational neglect as contemplated by MCL 712A.2(b)(2); (2) whether proving
allegations of educational neglect requires demonstrating that the child has
suffered harm, see MCL 712A.2(b)(1)(b), and, if so, what constitutes harm for
these purposes; and (3) whether the trial court clearly erred when it exercised
jurisdiction over the minor children solely on the basis of educational neglect
pursuant to MCL 712A.2(b)(1).