Constitution Preamble, the Legislature & Redistricting lawsuit S1E1

Watch this video at youtu.be/MXMnfsMnqLo 

Preamble, Legislature, Redistricting lawsuit opinion. Constitutional Obligation of Government remove dead/illegal voters on voter rolls. Update on Detroit News v Independent Citizens Redistricting Commission, Docket No 163823, Decided Dec 20, 2021. 

FFTs in this episode:

• Michigan Bills: tinyurl.com/5n6t673n
• MI Legislature Calendars: tinyurl.com/ytu92mwk
• MI Legislature Committee Meetings: tinyurl.com/2x2thzdy

Bible passage mentioned in this episode: Philippians 4:13 

#Preamble #Legislature #WeThePeople #Redistricting #Constitution

Constitution Preamble, the Legislature & Redistricting lawsuit S1E1

Preamble, Legislature, Redistricting lawsuit opinion. Constitutional Obligation of Government remove dead/illegal voters on voter rolls. Update on Detroit News v Independent Citizens Redistricting Commission, Docket No 163823, Decided Dec 20, 2021. 

FFTs in this episode:

• Michigan Bills: tinyurl.com/5n6t673n
• MI Legislature Calendars: tinyurl.com/ytu92mwk
• MI Legislature Committee Meetings: tinyurl.com/2x2thzdy

Bible passage mentioned in this episode: Philippians 4:13 

#Preamble #Legislature #WeThePeople #Redistricting #Constitution

Gretchen & MDHHS “know better” than the CDC re C19 . . . 12/31/21

Gretchen & MDHHS “know better” than the CDC re C19 . . . Even Fauci said “There is the danger that there will be so many people who are being isolated who are asymptomatic for the full 10 days, you could have a major negative impact on our ability to keep society running.”  But Gretchen and other Michigan leaders don’t care about that, do they?

#RestoreFreedom #ConstitutionMatters #FactsMatter #MedicalFreedom #CommonSense #ItsAllAboutControl

https://m.theepochtimes.com/mkt_morningbrief/michigan-wont-follow-updated-cdc-guidance-on-shortened-quarantine-isolation-times_4186324.html?utm_source=Morningbrief&utm_medium=email&utm_campaign=mb-2021-12-31&mktids=4bbd515ff5f457642b9961314f63a4bf&est=rvOKQW8taj7deKgP41U72LEe%2BVjxYo9qff48yj0afrlxSmBMwRKhnPtN4Uh5hEk%3D


[Posted by Lori DeVries]

By |2022-08-21T22:57:18-04:00January 3, 2022|Categories: Info|0 Comments

Episode Preview: Constitution Preamble, the Legislature & MI Redistricting lawsuit S1E1

Watch this preview at https://youtube.com/shorts/9z0GLTtnTB8

This is the Episode Preview for S1E1 of Restore Freedom Weekly: Constitution Preamble, the Legislature & MI Redistricting lawsuit

By |2026-03-12T17:50:00-04:00January 3, 2022|Categories: Clips & Previews|0 Comments

Episode Preview: Constitution Preamble, the Legislature & MI Redistricting lawsuit S1E1

This is the Episode Preview for S1E1 of Restore Freedom Weekly: Constitution Preamble, the Legislature & MI Redistricting lawsuit

The full episode can be SEEN @
youtu.be/MXMnfsMnqLo
rumble.com/vry2ev-restore-freedom-weekly-show-010421.html

OR HEARD @ restorefreedom.podbean.com/e/preamble-legislature-resources/

By |2026-04-01T19:41:06-04:00January 3, 2022|Categories: Clips & Previews, Podcast|0 Comments

An Update Regarding the Coronavirus December 29, 2021 from Dr. Dubravec

An Update Regarding the Coronavirus 

Dr. Martin Dubravec
December 29, 2021
 
This information is being provided on a periodic basis for patients and others interested in updates regarding the Coronavirus (COVID-19, Sars-CoV-2).  Facts are provided.  My comments and opinions are listed separately.  The goal of these updates has been to help the community in keeping informed of issues regarding Coronavirus from a local medical perspective.  As a clinical immunologist, I believe it is vital that information be shared with regard to this important issue.  If you would like to receive this information via Email, feel free to Email us at aasc1234@protonmail.com.   The opinions expressed in this Email are that of Dr. Dubravec.  Good doctors can disagree. Readers are encouraged to seek as much information as possible regarding COVID-19.  Information in this Email is not intended as a replacement for diagnosis or treatment by your doctor. Nothing in this Email provides medical advice or any form of diagnosis or treatment. Medical decisions should be made by the patient’s physician.  All information provided here is for general informational purposes and is not medical advice to users.
 
Please note that we are no longer using Facebook for posting these Emails.  We prefer an Email format for this information.
 
Fact:  
 
After peaking on November 20, 2021, the number of people with reported positive COVID-19 tests has come down.
 
Source:
 
 
Comment/Opinion:
 
We are still being notified of a number of people with COVID-19 (symptoms +positive COVID-19 test results) although the numbers of people are less than a month ago.  This could change as new variants, including but not limited to the Omicron variant, continue to go through Michigan and the United States.  We are beginning to notice milder cases of COVID-19, i.e., less pneumonia and less severe fatigue than in October and November of this year.  The numbers of positive tests may also be off as people increasingly have been testing themselves at home.  Unless they report positive tests or have tests repeated at a medical facility, the number of COVID-19 patients may be even more inaccurate than they currently are.
 
Early treatment remains the key.  One resource is the following:
 
 
Fact:  
 
The CDC published information on some of the initial Omicron variant patients it had documented.  In these patients, 79% of them were vaccinated and 33% had received vaccinations for COVID-19 and a booster vaccination.  Only one of the patients was hospitalized for COVID-19 and none died of COVID-19.
 
Source:
 
 
Comment/Opinion:
 
This publication by the CDC represents a small, but informative, view into emerging mutations of COVID-19.  As is expected, as viruses mutate and spread, they usually become more contagious but less intense and deadly.  Deaths from Omicron are expected to be few and far between.  Even though the death rate from COVID-19 has been extremely low when compared to the number of people exposed and/or who have had the disease, the death rate with Omicron can be expected to be even lower.  It is possible, and some experts in the field of public health and virology agree, that this is a great sign that COVID-19 may be going the way of other Coronaviruses in turning out to be no more than the common cold over time.
 
Viruses often become less dangerous over time because they “want” to survive.  This does not mean they will go away.  Also, as our immune systems repeatedly get exposed to these viruses, our immune systems become more and more experienced at fighting off the virus regardless of the mutation.  Although there are exceptions to this (for instance, with the flu), it seems like COVID-19 infection is offering long-term immunity to the  COVID-19 virus.  The CDC has yet to publish any report of people who have had bona fide COVID-19 infection who were then noted to become infected again.
 
We will continue to monitor this situation closely.  Our clinical experience in this office reflects that people who are getting COVID-19 now are less sick than those who have gotten it earlier this month and in previous months.  There will always be exceptions and we cannot predict the future with absolute clarity, but the news at this time looks good.

Fact:
 
We have been inundated by letters, gifts, prayers, and a host of other well wishes by our patients and even others who are not patients.
 
Comment/Opinion:
 
It is with a huge debt of gratitude that this final newsletter of 2021 ends with my appreciation to all of you who have supported this office with your patronage, trust, encouragement, gifts, and prayers.  We have had a busy year, to say this least.  For many of you, it has been extremely stressful.  Some of you have lost family or friends to COVID-19 or to complications from the disease.  Some of you have lost your jobs due to vaccine mandates. 
 
For 2022, we will redouble our efforts to give the best possible care was can for our patients.  We appreciate your patience and understanding if we have not been able to reach all of you or reach you in a timely manner.  This newsletter will continue in 2022 as long as there is information that I feel is worthwhile/necessary to send out.  Please keep us in your prayers; they have sustained us and must continue to be raised to Heaven that we will persevere in our commitment to each of our patients in need.  Our office wishes you the best for 2022.

[Posted by Lori DeVries]
By |2021-12-30T14:05:00-05:00December 30, 2021|Categories: Medical Updates / Scientific Updates|0 Comments

Video~ Clip: Upholding the Constitution – How is Governor Whitmer Getting Away With Not Doing That?

A 120721 excerpt from Katherine’s video “Legislators v Governor ~ MI Supreme Court update 082820” found at: https://youtu.be/6YSgJ2qZ2pk

Check out RestoreFreedomKH.com for all updates.

You can help fund these efforts at: https://restorefreedomkh.com/donate

Join us on our Telegram Channel at t.me/RestoreFreedom and on Facebook.com/RestoreFreedomKH.

By |2021-12-13T18:57:11-05:00December 13, 2021|Categories: Clips & Previews|0 Comments

An Update Regarding the Coronavirus November 12, 2021 from Dr. Dubravec

An Update Regarding the Coronavirus 

Dr. Martin Dubravec

November 12, 2021

This information is being provided on a periodic basis for patients and others interested in updates regarding the Coronavirus (COVID-19, Sars-CoV-2).  Facts are provided.  My comments and opinions are listed separately.  The goal of these updates has been to help the community in keeping informed of issues regarding Coronavirus from a local medical perspective.  As a clinical immunologist, I believe it is vital that information be shared with regard to this important issue.  If you would like to receive this information via Email, feel free to Email us at aasc1234@protonmail.com.   The opinions expressed in this Email are that of Dr. Dubravec.  Good doctors can disagree. Readers are encouraged to seek as much information as possible regarding COVID-19.  Information in this Email is not intended as a replacement for diagnosis or treatment by your doctor. Nothing in this Email provides medical advice or any form of diagnosis or treatment. Medical decisions should be made by the patient’s physician.  All information provided here is for general informational purposes and is not medical advice to users.

Please note that we will no longer be using Facebook for posting these Emails.  We prefer an Email format for this information.

Fact:

Positive COVID tests in the state of Michigan rose in October, but not to the same degree as previous months.

Source: 

https://www.michigan.gov/coronavirus/0,9753,7-406-98163_98173—,00.html

Comment/Opinion:

If we are to assume that positive COVID test results are reflective of the COVID-19 cases in Michigan, we see a rise in cases has occurred and is coming down.  Hopefully, we will see this trend continue.  It is unclear whether or not this represents a new variant of COVID-19 (some call it a new subvariant or variants) or whether or not other factors may be playing a role. 

Fact:

Home tests (rapid antigen tests) for COVID-19 are now readily available.  Studies have shown a false negative rate of approximately 20-38%.

Sources:

https://www.cdc.gov/mmwr/volumes/70/wr/mm7003e3.htm

https://www.technologyreview.com/2021/05/04/1024450/at-home-covid-test-review-accuracy-binaxnow-lucira-ellume/

Comment/Opinion:

Testing for COVID-19 has been problematic from the start.  The first major testing that was done is called the PCR test (polymerase chain reaction test).  The PCR was never meant to diagnose disease; it was developed to look for evidence of a virus or bacteria by looking for pieces of genetic material (DNA or RNA).  Although this can give evidence of a possible infection, it does not mean that the virus or bacteria is actually there.  Furthermore, PCR testing is done based on cycle thresholds, which are sort of like magnifications on a telescope.  As you use more cycle thresholds, the ability to pick up smaller and smaller pieces of genetic material goes up, but your risk of picking up unrelated material also goes up.  For reasons not entirely known, the cycle thresholds in the United States have often been way above what many consider to be reasonable (reasonable being about 25 cycles, for example).  Therefore, with cycle thresholds of 40 or higher, the false positive rate could easily be significantly higher than the true positive rate.

The rapid home tests for COVID-19 look for non-genetic proteins that the virus produces.  This makes them much more readily able to give a quick result.  However, if someone is early in their illness, there may not be enough protein for the test to pick up (i.e., if the viral load is not yet high enough).  This would explain why many who believe they have COVID-19 may not have a positive test for a few days.

The bottom line is that decisions regarding the diagnosis of COVID-19 should not be based on a test alone.  As the saying goes, don’t treat the test; treat the patient.  Although testing can be a significant part of diagnosing and treating COVID-19, other factors often must play an important or more important role than simply a PCR or rapid antigen test.

Fact:  

New variants of COVID-19 continue to be found.

Source: 

covid-19-variants-found-nebraska-are-more-transmissible-considered-worrisome-3333972

Comment/Opinion:

New variants of viruses are common.  Some viruses tend to mutate and produce more variants than others.  The same can be said of bacteria; some bacteria mutate more readily than others.  At this time, it seems as if COVID-19 is tracking like many viruses – less lethal over time but possibly more contagious as new variants evolve.  Fortunately, new variants of COVID-19 seem to be less lethal.  Our office will continue to monitor this development.

Fact:

Recent recommendations for vaccinating children as young as 5 years of age for COVID-19 have not come without controversy.  The former Secretary of Health and Human Services and renowned pediatric neurosurgeon Dr. Ben Carson voiced concerns of vaccinating children for COVID-19.   

The recommendations for vaccination of children are based in part on data showing a 90.7% effectiveness in preventing COVID-19 at 7 days after being vaccinated.

The vaccine packet insert (an FDA-approved document giving detailed information of a drug or vaccine) states the following:

·         The recipient or their caregiver has the option to accept or refuse Pfizer-BioNTech COVID-19 Vaccine.

·         The significant known and potential risks and benefits of Pfizer-BioNTech COVID-19 Vaccine, and the extent to which such risks and benefits are unknown

Sources:

https://www.realclearpolitics.com/video/2021/10/31/ben_carson_no_reason_to_mandate_covid_vaccine_for_children.html

events/press-announcements/fda-authorizes-pfizer-biontech-covid-19-vaccine-emergency-use-children-5-through-11-years-age

http://labeling.pfizer.com/ShowLabeling.aspx?id=16073

Comment/Opinion:

Shared decision making between a doctor and the patient’s parent(s)/guardian should be the basis for deciding whether or not a child receives a vaccine.  This is clearly reflected in the package insert of the vaccine.  No parent should be pressured into giving their child a vaccine.  Parents should be encouraged to make as educated a decision as possible before giving vaccines of any kind to children.

[Posted by Lori DeVries]

By |2021-11-12T17:29:00-05:00November 12, 2021|Categories: Medical Updates / Scientific Updates|0 Comments

Ottawa Impact Update 11/12/21 – Lawsuit Update

From Joe Moss, Founder of OttawaImpact.com 

We received a court date for the lawsuit against Ottawa County!

You can read the request for summary disposition by clicking here.

Take Personal Action!

Our message is reaching thousands of engaged, conservative citizens in Ottawa County. We need your help!

Ottawa Impact is 100% volunteer, and our team appreciates the opportunity to serve Ottawa County. It is truly a blessing – yet, it comes with many financial expenses.

If 50% of the people receiving this email take personal action right now by donating $25 or more, we will be able to fund our anticipated operational expenses for next year!

Donate Any Amount!

Why is Ottawa Impact Involved?

Everything we do is focused on restoring and protecting your personal freedoms.

Michigan citizens are guaranteed a Constitutional Republic form of representative government. An unelected, unaccountable Health Director and Legal Counsel must not be allowed to rule all the people.

The Board of Commissioners must not be allowed to abdicate their duty and authority.

Michigan parents have a protected interest in their children’s care, custody, and education, and a fundamental right to make related decisions.

This “liberty interest” of parents is perhaps the oldest of the fundamental liberty interests recognized by courts, and is specially protected by the Due Process Clause of the 14th Amendment.

We will continue fighting for these rights, because the government will not stop trying to usurp them.

What’s Next?

Please donate and invite your friends to become a member so they can stay up-to-date on local issues, unified action steps, and vetted candidates committed to freedom.

[Posted by Lori DeVries]

By |2022-09-07T10:56:38-04:00November 12, 2021|Categories: Local Government|0 Comments

Video~ Rogue Nation & Katherine Discussing the Allegan County “Trespass” case 110921

Thank you Rogue Nation for the great interview with Katherine Henry!

Original video found here: https://www.youtube.com/watch?v=ki4ivK3aI4s

Rogue Nation gear: https://rogue-nation-audits.creator-spring.com
Original video linked here: https://www.youtube.com/watch?v=ki4ivK3aI4s

Subscribe to Rogue Nation’s YouTube channel here: https://www.youtube.com/channel/UCqoCx0D7B5wrmmt-_79gFWw

Check out RestoreFreedomKH.com for all updates.

You can help fund these efforts at: https://restorefreedomkh.com/donate

Join us on our Telegram Channel at t.me/RestoreFreedom and on Facebook.com/RestoreFreedomKH.

By |2026-04-29T18:15:28-04:00November 10, 2021|Categories: Allegan Trespass Case, Interviews|0 Comments

?⚠️?URGENT CALL TO ACTION?⚠️? RE: SB 0428 – add to MCL 333.2253 & MCL 333.2453

SHARE this FAR and wide!!!


?⚠️?URGENT CALL TO ACTION?⚠️?


RE: SB 0428 – add to MCL 333.2253 & MCL 333.2453


Do our legislators have the authority to give the health department the authority to mandate masks? Why are they trying to give it to them, as long as they don’t mandate it on children under the age of 5?


This bill has already passed through the senate (05/13/21) and is now on the Michigan House of Representatives’ calendar this Tuesday 11/9/21 – (the bill can be found here: http://legislature.mi.gov/doc.aspx?2021-SB-0428) … call AND email them and let them know we never gave them this authority and therefore they do not have the authority to give it to the health department.


Find your house representative here: https://house.mi.gov


Then find the senate representatives that voted “Yea” and ask them why they are violating the constitution. You can find these reps here:


#RestoreFreedom #MoreFreedomLessGovernment #ConstitutionMatters


[Posted by Lori DeVries]

By |2026-02-23T15:37:09-05:00November 8, 2021|Categories: Get Involved|0 Comments

Article on Amicus Briefs – by Marion P. Hammer – USF Exec. Dir. – NRA Past President

 

DATE: November 5, 2021
TO: USF & NRA Members & Friends
FROM: Marion P. Hammer
  USF Executive Director
  NRA Past President

 

When people who are uninformed try to write about subjects of which they know nothing, it gets comical. Such is the case exposed in the article below concerning the NRA’s funding of academic research on the Second Amendment.

Many organizations, on both sides of the issue, fund academic research. Unlike manufactured disinformation and propaganda that is often quickly written, legitimate fact-based research takes time and must be funded.

The article below explains it well.

https://armedamericannews.org/bloombergs-child-propagandists-discover-amicus-briefs-and-other-cool-legal-stuff/

 

Bloomberg’s child propagandists discover amicus briefs and other cool legal stuff

By Lee Williams

I’m guessing the kids working at the Trace don’t get out much. They don’t seem to have a lot of life experience.

The Trace is, of course, the propaganda arm of former New York City mayor Michael Bloomberg’s Astroturf (not grassroots) anti-gun empire. The Trace describes itself as the “only newsroom dedicated to reporting on gun violence,” but a newsroom it is not. The Trace supplies propaganda for Bloomberg’s other anti-gun groups, which include Everytown and Demanding Moms, as well as any members of the media willing to cut and paste their stories.

Reporters at the Trace are activists, not journalists. They advocate for more gun control. That’s why Bloomberg pays them.

One of their young’uns must have learned about amicus briefs in school recently, because he penned a breathless piece of agitprop, titled: “The NRA Paid a Gun Rights Activist to File SCOTUS Briefs. He Didn’t Disclose it to the Court.”

“The NRA Foundation has paid an attorney and Second Amendment activist to write favorable briefs in Supreme Court cases, suggests a hacked document released on the dark web last week,” the Trace story claims. “Interest groups, including those fueled by dark money, seek influence at the Supreme Court in a range of ways, one being the production of amicus, or friend-of-the-court, briefs, which often extend and amplify the arguments of one side in a case.”

The author, Will Van Sant, wrote that amici authors must disclose who paid for their work, and he claimed that a brief written by David Kopel on behalf of NRA Foundation “makes no such admission.”

Kopel, I should point out, is a distinguished Second Amendment scholar with the Independence Institute. He has written amicus briefs in scores of legal cases involving the right to keep and bear arms. He has also written law school curriculum, dozens of scholarly articles and op-ed columns about every aspect of firearm policy in America and worldwide. It was his recent brief for what could be the most significant gun-rights case ever to come before the Supreme Court, New York State Rifle & Pistol Association v. Bruen, which drew the Trace’s ire.

There are more than 80 amicus briefs filed with the court for this landmark case, from both sides. I wonder whether the Trace activist bothered to check the bona fides of the briefs submitted by his boss or the other gun prohibitionists. In fact, I wonder why this even became a story. Amicus briefs are certainly nothing new, regardless of whether Van Sant just learned about them in a Law 101 class. (Trust me, Will, they’re actually used quite often.)

As to the dark web, dark money and hacked Russian documents allegations, while they sound nefarious and add a certain James Bond-type tone to the story, the NRA Foundation’s support for Kopel and his employer is a matter of public record. The info is right there in the Foundation’s tax documents, which are posted online and available for the whole world to see – no undercover trips to Moscow needed.

I reached out to NRA for comment and they directed me to Marion Hammer, former NRA president and a current board member who also serves as NRA’s Florida lobbyist. She laughed at the secret-squirrel tone of the Trace’s story.

“For decades, and even before I was NRA President, the National Rifle Association and The NRA Foundation have carried out their nonprofit charitable missions by funding Second Amendment scholarship and education. This has never been a secret,” Hammer said. “NRA funds academic research and fact production because NRA wants the truth, not fake propaganda deliberately manufactured by Second Amendment haters for the purpose of deception.”

The funding provided by The NRA Foundation to the Independence Institute was not for Kopel to write any particular brief or other work, and the Independence Institute didn’t receive NRA Foundation funding during the period when the brief was written and filed, she explained.

“The article suggests that Mr. Kopel needed to disclose past NRA Foundation funding in his briefs. Well, what’s good for the goose should be good for the gander,” she said. “Perhaps a follow-up article by the Trace will discuss briefs written by people who received funding from Michael Bloomberg or the many anti-Second Amendment groups he funds, and what disclosures were made there.

“When will we see an article about how the billions from Bloomberg or other billionaires are spent on gun control? How about a simple display on their site stating who funds them and what their agenda is? I’m not holding my breath.”

Neither am I.


By |2022-08-21T22:57:18-04:00November 6, 2021|Categories: Info|0 Comments

“Every 2 Hours, Another Child Suffers a Seizure from the MMR Vaccine” – Update from PIC – 11/05/21

 

Dear Members and Friends,

We’re reaching out to you today in recognition of National Epilepsy Awareness Month (NEAM), November 2021. Physicians for Informed Consent (PIC) recognizes this national month of awareness by providing information to families, organizations, and the public about the prevalence of seizures from the measles, mumps, and rubella (MMR) vaccine.

Seizures from the MMR vaccine occur in about 1 in 640 children within two weeks of receiving the first dose of the MMR vaccine, amounting to approximately 5,700 cases of MMR-vaccine seizures annually in the U.S. A significant portion of MMR-vaccine seizures may cause permanent harm, as 5% of febrile seizures may result in epilepsy. Consequently, about 300 MMR-vaccine seizures (5% of 5,700) may lead to epilepsy annually.

More information on these findings, including details on the supporting studies as well as educational resources, can be found at physiciansforinformedconsent.org/mmr-seizures.

We invite you to share educational resources with your family, friends and physicians. With knowledge, there’s power to make informed decisions!

With kind regards,

The PIC Volunteers

By |2026-03-21T07:00:16-04:00November 5, 2021|Categories: Medical Updates / Scientific Updates|0 Comments

Ottawa Impact Update – 11/03/21

From Joe Moss, Founder of OttawaImpact.com

Elected officials, bureaucrats, and schools have forgotten their place.

Government is not the parent.

As reflected in Virginia yesterday, PARENTS WILL take back America for their children.

The policies and positions of the Ottawa County Board of Commissioners and the Health Department will not be tolerated or forgotten by Ottawa County parents.

During the last 20 months, the County Commissioners have drawn praise from the Democrat Party, which also supports harsh enforcement of public health orders, and Critical Race Theory, under the guise of Diversity, Equity, and Inclusion.

Enough is enough.

At the primary election of August 2, 2022, PARENTS WILL bring change to the Republican-led Ottawa County Board of Commissioners, and in November, to local school boards.

In 271 Days,
Parents will unite for liberty and choose
NEW LEADERS.

New leaders will stand boldly for the people, as Governor-Elect Glenn Youngkin has promised to do in Virginia. Parents will not tolerate harmful, divisive teachings or the tyrannical treatment of their children. As author, speaker, and parental rights advocate Allie Beth Stuckey said last night:

Parents need a seat at the table to keep government in its rightful place.

I’m happy to announce that Ottawa Impact PAC has been vetting candidates for the Ottawa County Board of Commissioners. These new, vibrant, electable men and women are stepping forward to give a voice to parents and families! It is amazing to see the foundations God has laid and who He is moving into position.

Who are we vetting? Parents and citizens with courage and backbone, from a variety of backgrounds, including business, education, social work, parental rights advocacy, and more!

Follow Ottawa Impact PAC on Facebook

Stay tuned for announcements and updates!

[Posted by Lori DeVries]

By |2022-08-21T23:15:56-04:00November 5, 2021|Categories: Local Government|0 Comments

Michigan – Case Summary from Speaker Law Firm, PLLC

From Speaker Law Firm, PLLC, website: https://www.speakerlaw.com

October 26, 2021


  • In re N. R. HOCKETT, Minor
  • Opinion Published: 10/21/2021
  • Judge Stephens, Author; and Judges Murray and Kelly on panel 
  • Docket No. 353132
  • Wayne County Circuit Court
Read Opinion Here
Holding:

The Court affirmed the trial court’s exercise of jurisdiction over the minor child, as culpability is not a prerequisite for probate court intervention under MCL 712A.2(b); however, it called on the Michigan Legislature to develop policies in which the State should provide different avenues for parents, who are dealing with children in mental health crisis, other than finding a parent unfit and having the trial court assuming jurisdiction over the child. 

Facts:

In October 2019, CPS was contacted by hospital staff when Mother refused to retrieve NRH, who has multiple mental health diagnoses, from the hospital. A CPS worker testified that she contacted Mother and Mother agreed to pick up NRH from the hospital. CPS was contacted again in November 2019, with the same complaint of Mother having left NRH at the hospital. A family team meeting was held with Mother and Mother told CPS that she had left NRH at the hospital because NRH needed more help with his mental health problems.  Mother also told CPS that she had been evicted and was homeless. At the hearing, Mother testified that NRH was taking three medications and receiving in-home therapy twice a week until the family was evicted in October 2019. When Mother was evicted, she placed NRH with a family friend and his brother, MH, in relative care. However, the same day as the placement that friend called the police because NRH threatened to harm her 11-year-old grandson. NRH threatened suicide when the police arrived, and the officer took NRH to the hospital again. Additionally, NRH has had other mental health episodes that have involved CPS.  

At a combined adjudicatory and dispositional hearing, Mother testified that the reason she had refused to take NRH home at that time until he received the help he needed and because she was homeless. The trial court determined that the evidence presented was sufficient to establish a statutory basis to exercise jurisdiction over NRH. The trial court held that Mother “failed to provide proper and necessary support and care for [NRH], who was subject to a substantial risk of harm to his mental health and wellbeing.” The court’s conclusion was based on a finding that Mother refused to pick up NRH when the hospital determined him ready to be discharged. 

COA Opinion: 

Culpability is not a prerequisite for probate court intervention under MCL 712A.2(b); however, the Court of Appeals believes the Michigan Legislature should develop policies where the State should provide different avenues for parents other than having the trial court assuming jurisdiction over the child. 

The Court of Appeals began its analysis by citing MCL 712A.2(b)(1) and (2), which provides the conditions in which the trial court has jurisdiction over a juvenile under 18 years of age. After citing the statute, the Court acknowledged the extremely difficult position Mother found herself in, stating “She had no home. She had child whose mental health issues were significant. She wanted the kind of care for NRH that he only began to get when the state assumed jurisdiction.” The Court bemoaned the fact that the word used to describe these situations is “unfit”, as “unfit” implies wrongdoing by the parent, which is not what occurred in this case. Additionally, due to this ruling, Mother is put on a registry for persons who acted to harm their children, when she is doing the opposite. The Court of Appeals made a plea to the Michigan Legislature, acknowledging “[t]he scant and costly resources available for mental health care for children likely places other parents in the same situation as [Mother]. We can only look to our policy makers for a resolution to this conundrum.”  

The Court then pivots to their ruling under the current statutory system. It notes that in Matter of Sterling, 162 Mich App 328, 339; 412 7NW2d 284 (1987), the Court determined that, under MCL 712A.2(b), culpability is not a prerequisite for probate court intervention. It is important to note that even though the Court of Appeals relies on Sterling, that case is not binding on the Court of Appeals as the decision was issued before November 1, 1990. MCR 7.215(J). However, the Court found that Mother admitted an inability, not an unwillingness to care for NRH’s special needs and is therefore statutorily unfit. It affirmed the trial court decision to exercise jurisdiction over NRH.   

Commentary:

Many experts in child welfare law have commented on the holding in this case. The conundrum for indigent parents that this case presents is if they have a child in need of mental health treatment, DHHS will not petition to take jurisdiction at a parent’s request to provide the mental health treatment the child needs. What is a parent to do? Some commentators have suggested that this situation should be included in the dependency portion of the child welfare statute, MCL 712A.2(b)(3). This would allow for a court to assume jurisdiction, without placing the parent on the central registry, and still providing help to the child. Some commentators believe that providing mental health treatment to children should not result in entry into the child welfare system. The ultimate solution for this problem is for Michigan to adopt a more comprehensive health care system, which would provide mental health coverage for indigent children. This would remove the need for the Mother in this case to go to absurd lengths to get NRH the help he needs.  

[Posted by Lori DeVries]

By |2022-09-23T10:36:47-04:00October 28, 2021|Categories: Legal Updates|0 Comments
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