Physicians Practice of Adverse Drug Reaction Reporting in Saudi Arabia
This study explores healthcare providers' practice of adverse drug reaction reporting in Saudi Arabia, highlighting challenges faced by physicians and dentists. The findings suggest transferring accountability to pharmacists for improved reporting systems.
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2022 Case Law and Court Rules Updates State Bar of Michigan Children s Law Section 1
Termination of Parental Rights In re Jackish/Stamm-Jackish (No. 357001, 02/01/2022) Children removed from Respondent-Mother in 2018 for various issues, including domestic abuse Parental rights were terminated in March 2021 for failure to rectify the barriers which led to jurisdiction The trial court specifically noted the domestic abuse among the other issues The Court of Appeals affirmed the termination but addressed the domestic abuse 2
Termination of Parental Rights (cont.) It was inappropriate for the trial court to hold her status as a victim of domestic abuse against her The fact that respondent was or is a victim of domestic violence may not be relied upon as a basis for terminating parental rights. (emphasis in original) If petitioner believes that respondent was a perpetrator of domestic violence, it must say so explicitly and provide evidence in support of that conclusion. 3
Termination of Parental Rights (cont.) In re Ferris/White (No. 357743, 02/24/2022) The trial court removed Respondent-Father s children and eventually terminated his parental rights for several reasons Respondent did not appear for hearings, including the adjudication/termination trial Court of Appeals dismissed appeal for lack of jurisdiction because trial counsel had requested the appeal, not Respondent himself 4
Termination of Parental Rights (cont.) In re Simonetta (No. 357909, 02/24/2022) The child was born drug-positive, and DHHS filed a petition based on prenatal drug use DHHS argued that they weren t required to provide reasonable efforts due to aggravated circumstances and construed the prenatal drug use as severe physical abuse Trial court never actually found aggravated circumstances but still terminated parental rights without requiring reasonable efforts 5
Termination of Parental Rights (cont.) Court of Appeals initially affirmed, but Supreme Court remanded to trial court to make a finding regarding aggravated circumstances On remand, trial court found that prenatal drug use was severe physical abuse and aggravated circumstances, so again terminated rights without requiring reasonable efforts On second appeal, Court of Appeals held that prenatal drug use is not severe physical abuse 6
Termination of Parental Rights (cont.) Additionally, a fetus is not a child under definition in Child Protection Law Reversed and remanded to trial court Judge Gleicher called out DHHS for gender bias when they didn t seek termination of father s rights despite his own significant drug use history Also called out appellate counsel for grossly inadequate briefing 7
Termination of Parental Rights (cont.) In re Atchley (No. 358502/358503, 04/21/2022) Child removed (2nd time) for drug use by parents Neither parent completed any services and admitted to continuing to use drugs until shortly before trial, but didn t have drug screens to support their claim that they stopped Respondent-Mother argued that she should have been given additional time due to COVID-19 8
Termination of Parental Rights (cont.) Court of Appeals found that reasonable efforts were made and serivces were available, but neither parent took advantage of those services Termination affirmed Both parents filed appellate briefs, but DHHS didn t file response brief; LGAL did 9
Termination of Parental Rights (cont.) In re Nikooyi (No. 358717, 05/12/2022) Adult child filed NA petition seeking jurisdiction of parents as it pertains to minor sister Trial court dismissed for lack of standing Court of Appeals reversed, noting that standing to file petition for jurisdiction is not limited the way standing to file termination petition is; any person has standing so long as they comply with petition requirements 10
Termination of Parental Rights (cont.) In re Bell (No. 360191, 05/19/2022) Children removed based on allegations parents abused oldest child Child later alleged that Respondent-Father sexually assaulted her Respondent-Mother requested that the child receive an independent medical examination to determine if there was physical evidence of abuse Trial court granted motion, and LGAL appealed 11
Termination of Parental Rights (cont.) Court of Appeals found that no statutory authority allows the trial court to order an IME pre-adjudication Applied Eldridge test to determine that Respondent- Mother didn t have a due process interest in the IME Mathews v Eldridge, 424 US 319 (1976) Reversed and remanded 12
Termination of Parental Rights (cont.) In re AJR (No. 358788, 06/09/2022) Trial court removed child from Respondent-Mother for physical abuse and placed with father in Texas At PPH in August 2021, trial court found Respondent had made progress but continued placement with father Respondent filed claim of appeal Court of Appeals dismissed for lack of jurisdiction because order which wasn t a removal order isn t an order from which a party can file a claim of appeal 13
Termination of Parental Rights (cont.) In re Casto (No. 357656, 12/08/2022) In forensic interviews, one of respondent s children claimed that respondent sexually abused her Respondent contended that the mother was influencing the child to make statements after the divorce Trial counsel stipulated to the admission of a trauma assessment which bolstered the credibility of the child Appellate counsel requested a Ginther hearing 14
Termination of Parental Rights (cont.) Following the hearing, the Court of Appeals found that it was ineffective assistance of counsel for trial counsel not to consult experts regarding the reliability and trustworthiness of the child s disclosures, even in light of counsel calling several witnesses in defense of respondent and vigorously cross-examining DHHS s witnesses Trial counsel should consult experts when the crux of a case is the credibility/reliability of a child witness 15
Termination of Parental Rights (cont.) In re Ott (No. 362073, 12/15/2022) After adjudication, court ordered that respondent would be allowed parenting time after three consecutive clean drug screens Respondent had medical marijuana card and consistently tested positive for THC or missed screens Court said at one hearing that it was the court s policy to require three straight clean screens for parenting time 16
Termination of Parental Rights (cont.) Court of Appeals said that this violated MCL 712A.13a(13), MCL 712A.18(1)(p), MCL 333.26424(d), and MCL 333.27955(3) because suspending parenting time under those sections requires a finding that parenting time, even if supervised, would be harmful to the child In a footnote, the court said that the analysis under MCL 712A.13a(13) and MCL 712A.18(1)(p) also applied to drugs other than marijuana 17
Termination of Parental Rights (cont.) Supreme Court orders: In re Bourbeau (No. 163731): Court of Appeals opinion vacated and case remanded to trial court for appointment of new appellate counsel due to ineffective assistance of appellate counsel In re Smith-Taylor (No. 163725): Court of Appeals opinion reversed after DHHS agreed with Respondent that they didn t provide necessary reasonable efforts In re Baird/White (No. 164519): Court of Appeals opinion vacated in part and case remanded to trial court for Ginther hearing regarding failure to seek medical records in discovery 18
Termination of Parental Rights (cont.) Supreme Court orders: In re GM Dixson (No. 164625): Court of Appeals opinion affirmed. Chief Justice McCormack filed a dissent in which she discussed many of the systemic issues with Michigan s child welfare system and statutes. 19
Juvenile Delinquency In re Halliburton (No. 358077, 09/29/2022) Youth pled guilty to home invasion and received a blended sentence When probation was revoked, he argued that he should receive jail credit for the entire time he was on probation, including several months he had absconded Also argued that he should receive credit for time in residential and time on tether Court of Appeals argeed no credit for absconding, but reversed as to other argument 20
Adoption In re CADP (No. 358271/358383, 04/21/2022) Parents of CADP were deceased, and multiple family members sought to adopt After being denied consent, petitioners filed for a Section 45 hearing; they then filed a motion for discovery after sending subpoenas to DHHS, MCI, and Bethany Christian Services Despite petitioners agreeing to a protective order, the trial court said they weren t entitled to discovery in a Section 45 hearing 21
Adoption (cont.) Court of Appeals reversed, holding that discovery is available in Section 45 hearings because 3.800(A) says that adoption proceedings are subject to the Michigan Court Rules, which includes discovery rules Also held that statutes don t preclude discovery Sent back to trial court to allow discovery subject to a protective order 22
Adoption (cont.) In re Baby Boy Doe (No.163807, 06/29/2022) Wife left husband before giving birth Husband filed for divorce in Ottawa County and requested sole custody in the complaint Wife gave birth in Kent County the next day, but never notified husband; she gave up the child in a Safe Delivery Adoption proceeded in Kalamazoo County Husband challenged after the fact for lack of notice and tried to open adoption file 23
Adoption (cont.) Court of Appeals had reversed trial court, finding in favor of husband Supreme Court reversed the Court of Appeals, unanimously holding that a custody petition filed before the child is born is not filed within 28 days of notice of the surrender and therefore is not timely filed for purposes of SDNL Chief Justice McCormack and Justice Zahra each filed a partial dissent regarding the statute s notice requirements 24
Adoption (cont.) McCormack believed that a single, generic notice published in a physical newspaper magnifies due process deficiencies and suggested that physical publication could be coupled with electronic publication Zahra concluded that SDNL is unconstitutional as applied to legal parents because it does not require a showing of parental unfitness before terminating parental rights Justice Welch filed a concurring opinion in which she shared some of McCormack and Zahra s concerns but found that the facts of this case didn t trigger them 25
Adoption (cont.) In re Doe (No. 353796, 11/10/2022) On remand from the Supreme Court, the Court of Appeals now affirmed the trial court Judge Boonstra filed a dissent, stating that petitioner s only hope would have been to have daily examined every newspaper in Michigan and to have followed up on every notice of a surrendered newborn.... He believed that the court should address the constitutionality of the statute, which it chose not to do 26
Special Immigrant Juvenile In re Velasquez (No. 360057, 11/10/2022) Child is an immigrant from Guatemala His uncle filed a petition for guardianship Trial court granted guardianship but denied request for SJI status Refused to make a finding of abuse or neglect when mother wasn t given opportunity to refute allegations Court of Appeals reversed 27
Special Immigrant Juvenile (cont.) Noted that it was incongruous for trial court to find that notice was proper for guardianship but improper for SIJ Error to find that there wasn t proper notice of SIJ Also error not to find evidence of abuse/neglect and best interests based on the proofs Judge Boonstra dissented and didn t think the trial court abused its discretion by not finding abuse/neglect based on the proofs Also concerned about whether the notice to mother was proper 28
Court Rules ADM File No. 2021-12 amended MCR 3.951 to require appointment of attorneys in designated cases be done through the court s local funding unit s appointing authority ADM File No. 2021-47 amended MCR 3.950 to require that youth who are waived must be kept separate from adult prisoners, consistent with MCL 764.27a ADM File No. 2020-33 amended MCR 3.903 by revising definitions of parties in DL and NA cases 29
Court Rules (cont.) ADM File No. 2021-18 amended MCR 3.943 to make the definition of firearm consistent with MCL 8.3t and MCL 712A.18g ADM File No. 2021-16 amended MCR 7.305 to change the time for filing an application for leave to appeal to the Supreme Court in a TPR case from 28 to 42 days ADM File No. 2021-21 (pending) would amend MCR 3.613 to modify the notice process for name change petitions 30
Court Rules (cont.) ADM File No. 2022-05 (pending) would amend MCR 3.977, 3.993, 7.311, and 7.316 to create a procedure for asserting ineffective assistance of appellate counsel in TPR cases ADM File No. 2022-34 (pending) would amend MCR 3.913, 3.943, 3.977, and 3.993 and add 3.937 to require advice of rights in DL cases and extend the time for requesting appointment of appellate counsel from 14 to 21 days in all juvenile court appeals 31
