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In re Thurber

Court of Appeals of Michigan
Dec 15, 2022
No. 361600 (Mich. Ct. App. Dec. 15, 2022)

Opinion

361600

12-15-2022

In re THURBER/RIOS-DUNKLEE, Minors.


UNPUBLISHED

Montcalm Circuit Court Family Division LC No. 2022-001042-NA

Before: GLEICHER, C.J., and MARKEY and RICK, JJ.

PER CURIAM

Respondent-mother appeals the removal from her home of her four biological children and her two guardianship wards in this child protective proceeding. We dismiss this appeal as moot.

Respondent's biological children were returned to her custody with a case service plan following the court's adjudication. "An issue is moot when a subsequent event makes it impossible for this Court to grant relief." Gleason v. Kincaid, 323 Mich.App. 308, 314; 917 N.W.2d 685 (2018). Respondent has already obtained the relief sought-a finding that her home is fit for children for the time being.

The court terminated respondent's guardianship over her two wards in separate proceedings and respondent has appealed those orders in Docket Nos. 362398 and 362399. Because of those orders, the court in this matter dismissed the wards as subjects of the child protective proceeding. As noted in our opinion resolving the consolidated guardianship appeals, we must remand for the lower court to make best-interest findings on the record. Even if those appeals are ultimately successful after remand, the issues raised in the present appeal would continue to be moot. The return of the wards to respondent's care will include a determination that the home is then safe for the children. If the children are again removed, that would be done in an entirely new proceeding based on separate grounds.

We dismiss.


Summaries of

In re Thurber

Court of Appeals of Michigan
Dec 15, 2022
No. 361600 (Mich. Ct. App. Dec. 15, 2022)
Case details for

In re Thurber

Case Details

Full title:In re THURBER/RIOS-DUNKLEE, Minors.

Court:Court of Appeals of Michigan

Date published: Dec 15, 2022

Citations

No. 361600 (Mich. Ct. App. Dec. 15, 2022)