In Re Hudson
In Re Hudson
Opinion of the Court
Respondent stepfather appeals of right the trial court’s order requiring him to pay the cost of his stepdaughter’s care and legal representation. The stepdaughter lived with her mother and respondent. In her teen years, the stepdaughter began exhibiting destructive behavior. On one occasion, she set fire to a toilet paper roll in one of her school’s bathroom stalls. The incident led to the trial court taking jurisdiction over her. Afterward, authorities repeatedly found her in possession of alcohol, and she began getting into physical altercations with her mother. A petition alleging physical abuse by the mother resulted from these altercations.
Shortly after the second time police caught the stepdaughter in possession of alcohol, respondent violently erupted and physically abused her. On the basis of a petition containing this allegation, the trial court ordered respondent to leave the home and later followed up with an order that placed the child with relatives. At the conclusion of the case, the trial court found that respondent qualified as a “custodian” under MCL 712A.18(2), so it required him to reimburse petitioner for the cost of the child’s care. We disagree with this conclusion and reverse. The issue is one of statu
When a trial court commits a juvenile to agency care outside the juvenile’s home, MCL 712A.18(2) requires that the cost of care be reimbursed “by the juvenile, parent, guardian, or custodian . . ..” This statute and MCL 712A.6 confer jurisdiction on the court to obtain reimbursement from certain adults in the child’s life regardless of their culpability for causing the court to remove the child. While the Legislature does not define “custodian” in the probate code, it narrowly defines the term for purposes of the Michigan Uniform Transfers To Minors Act, MCL 554.521 et seq. Under that statutory scheme, one does not become a “custodian” without acquiring, under clearly articulated circumstances, legal possession of a minor’s property, which is then held in trust for the child. MCL 554.523; MCL 554.533; MCL 554.537. Accepting the property means accepting all the attendant fiduciary obligations that normally attach to such a position of responsibility. MCL 554.537. “Custodian,” therefore, has a specialized meaning in the law, and we will not ignore that meaning without a sound basis to believe the Legislature intended something different. The trial court did not consider the effect of this definition, but we find that it directly relates to the monetary issue presented, especially when the statute holds the juvenile, as well as the juvenile’s parents and guardians, responsible for reimbursement. Because respondent was not even remotely a “custodian” in the financial sense, he was not responsible for reimbursing petitioner.
Reversed.
We acknowledge that in deciding In re Huisman, 230 Mich App 372, 379-381; 584 NW2d 349 (1998), we defined the term “custodian” differently, but that case no longer carries any precedential weight, as it was fundamentally overruled by In re Trejo Minors, 462 Mich 341, 352-354; 612 NW2d 407 (2000).
Dissenting Opinion
(dissenting). I respectfully dissent.
I disagree with the majority’s reliance on the Michigan Uniform Transfers to Minors Act (UTMA), MCL 554.521 et seq., for guidance in determining who is a custodian under MCL 712A.18(2), a provision of the Probate Code concerning juveniles. There is no reason to think that the word “custodian,” as used in the UTMA and in the Probate Code, is related or needs to be harmonized because these provisions address com
If a word is not defined in the statute, it should be understood according to the common and approved usage of the language, taking into account the context in which the word is used. Cole v Ladbroke Racing Michigan, Inc, 241 Mich App 1, 8; 614 NW2d 169 (2000). The context or setting in which a word or phrase is used gives it meaning. G C Timmis & Co v Guardian Alarm Co, 468 Mich 416, 420-421; 662 NW2d 710 (2003). Here, MCL 712A.18(2) requires that the cost of care of a juvenile outside the juvenile’s own home and
The determination that respondent was the child’s custodian for the purpose of requiring reimbursement under MCL 712A.18(2) is a fact question. This Court reviews a trial court’s determination of a fact question for clear error. MCR 2.613(C). Here, the record reflects that respondent, although never having adopted the child, has provided for the child from an early age. Respondent and the child’s mother began living together, albeit unmarried,
I would affirm.
“Although a preamble is not to be considered authority for construing an act, it is useful for interpreting its purpose and scope.” Malcolm v East Detroit, 437 Mich 132, 143; 468 NW2d 479 (1991); Lake Isabella Dev, Inc v Lake Isabella, 259 Mich App 393, 402; 675 NW2d 40 (2003).
The Michigan Supreme Court summarily reversed this Court’s decision for the reasons stated in Judge Griffin’s dissent. In re Brzezinski, 454 Mich 890 (1997).
Apparently respondent and the child’s mother married in 1994 or 1995.
Reference
- Full Case Name
- In Re HUDSON
- Cited By
- 4 cases
- Status
- Published