Pretrial in Lenawee County child-welfare case focuses on service issues, DNA testing and ICWA paperwork

At a pretrial hearing in Lenawee County Probate & Juvenile Court, attorneys and court staff discussed problems serving the child-welfare petition on the mother, outstanding Indian Child Welfare Act (ICWA) paperwork and arrangements for DNA testing of a putative father.

The discussion matters because service, ICWA determinations and paternity testing affect who may participate in the case and the legal steps the court can take. Counsel for the Department of Health and Human Services and the mother asked for more time to allow the mother to consult with counsel and to complete necessary procedures before the scheduled trial date.

During the hearing, Michael McFarland, attorney for the mother, said he had recently received a phone number and called his client but that connection problems had prevented reliable contact. "She had difficulty listening to me. She did indicate she's not yet received the petition. She wants to read it. She wants to review it with me," McFarland told the court.

Fazza Thomas, counsel for the Department of Health and Human Services (DHS), told the court the department planned to move to adjourn the trial set for Feb. 11 because staff had been unable to complete service. Thomas said foster-care worker Jill Tipton provided an additional affidavit of efforts and that DHS hoped to obtain a stable address after recent contact with the mother. "We would like for her to be able to consult with her attorney, and present any discovery she may have and prepare for that," Thomas said.

The court and attorneys also addressed paternity and DNA testing. The judge noted there was an order from a Dec. 17, 2024 hearing requiring DNA testing. The judge then swore in the man present in custody, identified in the record as Mr. Collins, and asked whether he knew the mother (referred to in filings as Charlotte Barnett) and whether he thought he might be the child's father. On the record, Collins said, "I don't think I'm the father, but I I I guess I'll be the father," and confirmed he was willing to do a DNA test.

Thomas said DHS will reach out to Collins to arrange the DNA test. The court recorded that if Collins is later determined to be the legal father, he would be entitled to counsel. The judge characterized the immediate need as determining whether a referral for testing should be made and who will pay for it; counsel stated a court order would be required to obtain and pay for testing if necessary.

Attorneys and the court also discussed ICWA paperwork and related outreach to tribes. Thomas said that an amended petition filed Jan. 7 included ICWA indications and that filings from a Dec. 17 hearing included testimony and tasks to complete ICWA documentation with the Sioux tribes. The record includes an affidavit of efforts regarding a person identified as Charlotte Barnett filed Jan. 23 and several mail-receipt entries that appear to be dated Dec. 26–27; counsel and DHS staff urged review of those filings to determine whether service and notice requirements are satisfied.

No final ruling on an adjournment for service was recorded in the transcript excerpt. The transcript shows counsel discussed a motion to adjourn and that the mother (identified in the record as Ms. DeMotte) said, "I have no objection... My child is doing very well, in her current placement." The judge said the court would "look at that piece," but no explicit order granting or denying the adjournment appears in the provided record.

Next steps on the record: DHS counsel said the department would move to adjourn the trial so the mother can consult with counsel and prepare; DHS will contact Mr. Collins to set up DNA testing; and staff will continue work to complete ICWA documentation and to verify service efforts in the file. The transcript does not record a final ruling on the adjournment or the completion date for tribal inquiries.