Bench trial set Jan. 28 after parents fail to appear; child remains placed with father

Lenawee County Probate & Juvenile Court set a bench trial for Jan. 28 at 9 a.m. after both parents failed to appear for a status hearing in file number 1 7000993, the court said. The child will remain placed with her father and the court continued prior protective orders, including no contact between the child and the mother's significant other and supervised visits with the mother.

The hearing focused on whether the department had properly served parents with the petition, removal order and preliminary-hearing materials and whether required Indian Child Welfare Act (ICWA) inquiries and documentation had been completed. Sarah Harvey of the Department of Health and Human Services told the court that proofs of service were completed and would be submitted to the clerk: she said she personally served the mother and confirmed certified-mail and electronic notices were sent to both parents. "I did, complete all that paperwork and the service and, filed it with Ms. Thomas's office," Harvey said.

Why it matters: the court must have verified service and ICWA-related inquiries in place before proceeding to trial. Judge comments during the hearing indicated that a parent's absence can waive a jury trial request, so the court scheduled a bench trial for both parents together if necessary.

Court and department details: Harvey told the court that she and DHS staff had seen the child at school and that Guardian ad Litem Catherine DeMottler reported the child was "clean, dressed appropriately," "very friendly and talkative," and said she prefers living with her father. DeMottler asked the court to continue no contact between the child's mother, Jennifer Webb, and the mother's significant other and to require supervised visits or communication between Webb and the child. The court continued those restrictions pending the Jan. 28 trial.

The judge addressed one parent's absence directly: noting prior communication attempts and that the father had responded minimally to department outreach, the judge said he would be "inclined to simply schedule his trial to be heard as a bench trial" if the father did not appear, observing that failure to be present could effectively waive a jury right.

ICWA and other documents: the court asked DHS to provide the ICWA inquiry documents and any tribal responses. Harvey said the department had green cards and some tribe responses indicating no Native American interest and that she would forward the documents to counsel and the court. The judge instructed counsel to circulate those materials by email as soon as possible.

Next steps: the court confirmed the bench trial date of Jan. 28 at 9 a.m. and ordered attorneys to file and verify outstanding documents before that date. All prior court orders remain in effect until the bench trial.

Note: The transcript identifies the file as "1 7000993" and references a petition, an initial removal order, and a preliminary-hearing order; the court record will supply full docket entries and supporting filings before the Jan. 28 trial.