Mother enters no-contest plea; court schedules disposition, postpones removal decision

Lenawee County Probate & Juvenile Court on an unspecified date accepted a no-contest plea from Rebecca Witten in a child-protective petition and set disposition for Feb. 28 at 10 a.m., the judge said.

The judge told Witten that by entering a no-contest plea she would be waiving rights including trial by judge or jury, cross-examination of witnesses and the right to subpoena witnesses, and that a plea could later be used in a proceeding to terminate parental rights. "Do you understand the consequences of your plea, Miss Whitten?" the judge asked; Witten answered, "Yes."

The court confirmed attorneys had no objections to using the petition as the factual basis for the plea. "It is," Mr. McFarland said when asked whether he would review the petition's allegations as the factual basis of the plea.

The judge ordered that, between now and the Feb. 28 disposition, Witten will meet with representatives from the child-protective department to discuss services the family may need, including housing, employment assistance, substance-use assessment and parenting classes. The judge said those meetings and a caseworker's continuing investigation would determine whether the court could dismiss the case, place the children temporarily with a parent or relative, or pursue other steps, including possible termination of parental rights.

The court did not resolve a separate removal request during the hearing. Attorney Thomas asked the court to consider removal immediately, saying Witten's stay at the Carlton Lodge ends at 11 a.m. and expressing doubt about Witten's stated shelter plans in Monroe. "We would ask the court to just consider removal, currently at this time to ensure that there is placement by 11AM," Thomas said. The judge paused the hearing for approximately 15 minutes to address the removal issue later.

During the exchange the court identified that Witten had two children with her in the courtroom and that she had a hotel room paid for "for a couple more days." When asked by the judge whether she was under the influence or had been threatened into the plea, Witten answered no. The court stated it was satisfied the plea and other pleas taken that morning were knowingly and voluntarily made.

The removal portion of the proceeding was deferred; the judge gave counsel and involved staff a short recess and said the hearing would resume shortly. The court will reconvene to address removal and placement concerns before the scheduled disposition date.

The hearing record shows no formal vote count; the judge made the rulings from the bench and set the schedule.