In re Moss
In re Moss
Opinion of the Court
Following a delinquency disposition hearing, the probate court found that respondent Patrick Moss, a juvenile born March 2, 1974, had committed the offense of arson of real property, MCL 750.73; MSA 28.268. A comprehensive psychological evaluation of respondent indicated that he was severely emotionally disturbed as well as mentally retarded. After considering this evaluation, Wayne County Probate Judge Frances Pitts ordered that Patrick Moss be made a temporary
In November of 1988, the Michigan Health Care Corporation brought an emergency motion in the probate court for an order to show cause why the dss had not moved Patrick Moss from Aurora Hospital to place him in a suitable treatment facility as required by Judge Pitts’ order. This motion asserted that the doctors treating Patrick felt that Aurora Hospital was an inappropriate place to treat him because it was an acute-care facility only.
Pursuant to this motion, Acting Probate Judge Paul Mahinske entered an order directing that the dss place Patrick in a closed mental-health residential facility or a long-term care hospital within the next thirty days or be held in contempt of court. Judge Mahinske ordered that Patrick remain at Aurora Hospital until placed by the dss, and that while there or at any other facility he may be treated with antipsychotic medicines as deemed necessary by his treating physicians. This order also restricted Patrick’s mother’s involvement with him to one personal visit and one phone call per week.
i
Respondent first argues that the orders of Judge Pitts and Judge Mahinske are void because the probate court lacked jurisdiction to control respondent’s placement after committing him to the dss. We disagree.
The probate court retains jurisdiction over a child it commits to a private or incorporated institution or agency. MCL 712A.5; MSA 27.3178(598.5); In re Jackson, 163 Mich App 105, 107; 414 NW2d 156 (1986), lv den 429 Mich 885 (1987); In re Griffin, 88 Mich App 184, 192; 277 NW2d 179 (1979). However, commitment of the child to a public agency, such as the dss, irrevocably divests the probate court of jurisdiction over the child. Id.
Under Judge Pitts’ original September, 1988, placement order, respondent Patrick Moss was made a temporary ward of the court and was placed in Aurora Hospital, where he was to remain until transferred by the dss to a suitable treatment facility. Since the dss never moved to place Patrick in a suitable facility or to transfer him from Aurora Hospital, the court never lost jurisdiction over him. Dss’s failure to accept jurisdiction over Patrick by placing him in a suitable facility resulted in the probate court’s retaining jurisdiction over him. The probate court continued to retain its jurisdiction over Patrick when Judge Mahinske ordered the dss to place him in a closed mental-health residential facility or a long-term care hospital within thirty days. The record fails to demonstrate that the dss has complied with this order by placing Patrick in such a facility, so we must assume that jurisdiction over him remains with the probate court. The probate court did not
ii
Respondent next argues that his case must be remanded to the probate court for further dispositional hearings because the court’s previous dispositional orders were void. We disagree with this assertion as we have found that the probate court’s orders were not void. However, the record before this panel does not indicate that the dss ever complied with either of the probate court’s orders placing Patrick in an appropriate care facility. We therefore remand this case to the probate court and direct the court to ensure that the dss complies with its orders to place Patrick Moss in a suitable treatment facility.
Affirmed. Remanded for further proceedings consistent with this opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.