In Re D v. Lange Minor

Summary

The Michigan Supreme Court reversed the Court of Appeals and reinstated the trial court’s denial of DHHS’s petition to assume jurisdiction over DVL under MCL 712A.2(b)(1) and (2). The Court held that respondent was not “able” to provide necessary care by returning DVL home in light of the danger he posed to himself and the household, and that respondent’s efforts to obtain treatment and refusal to bring him home did not constitute negligent treatment. The Court left open whether DHHS could pursue jurisdiction under MCL 712A.2(b)(3) based on DVL’s potentially dependent status.