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04/27/76 MATTER SHARPE TUGEN v. SCHAEFFER

April 27, 1976

IN THE MATTER OF SHARPE TUGEN
v.
SCHAEFFER



Appeal from Gratiot, Leo W. Corkin, J.

Quinn, P. J., and Bronson and W. R. Peterson,* JJ.

SYLLABUS BY THE COURT

1. Infants -- Parental Rights -- Termination -- Causes -- Probate Court -- Temporary Custody -- Foster Care -- Juvenile Code -- Statutes.

The probate court's power to terminate parental rights is not limited by a section of the juvenile code to cases where a child initially has been placed in foster care in the temporary custody of the court; the termination of parental rights is not required to be based on causes occurring after a child is placed in temporary custody; and, the causes for termination of parental rights listed in a section of the juvenile code are not exclusive (MCLA 712A.19a; MSA 27.3178[598.19a]).

2. Infants -- Abandonment -- Parental Rights -- Termination -- Probate Court -- Juvenile Division.

The juvenile division of the probate court may terminate parental rights at an initial hearing on a petition concerning an abandoned child.

3. Infants -- Juvenile Code -- Probate Courts -- Hearings -- Continuous Proceedings -- Evidence -- Statutes.

All hearings conducted pursuant to three sections of the juvenile code are to be considered by the probate court as a single continuous proceeding; therefore, evidence admitted at any one hearing is to be considered evidence in all subsequent proceedings (MCLA 712A.12, 712A.19, 712A.19a; MSA 27.3178[598.12], 27.3178[598.19], 27.3178[598.19a]).

4. Infants -- Abandonment -- Probate Court -- Evidence at Initial Hearing -- Evidence at Later Hearing.

Evidence of abandonment or any other condition bearing on the welfare of a child, shown at an initial hearing in the juvenile division of the probate court, is to be considered at a later hearing as a basis for a Disposition along with evidence of any interim continuation of the condition and evidence of any other interim events bearing on the welfare of the child.

The opinion of the court was delivered by: Peterson

Petition by Lovetta Tugen in probate court requesting the court to take jurisdiction over Jennifer J. Sharpe, the minor daughter of Judith Ann Schaeffer. The court placed Jennifer J. Sharpe in the permanent custody of the court. Judith Ann Schaeffer appealed to the circuit court. Reversed. Lovetta Tugen appeals.

This is an appeal from a circuit court reversal of a probate court order which terminated parental rights and made Jennifer Sharpe a permanent ward of the court.

Jennifer's mother, who was then divorced and the mother of four older children, three legitimate and one illegitimate, gave birth to Jennifer out of wedlock on August 20, 1968. Four days later she took Jennifer to the Ithaca home of Mr. & Mrs. Carl Tugen. The Tugens, who had a foster parent license, had once cared for her older illegitimate child, ...


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