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Judge continues Lenawee County termination hearing after service dispute
Summary
A Lenawee County Probate & Juvenile Court judge continued a combined review, permanency-planning and termination hearing to Dec. 12 at 10:30 a.m. after the department reported it had not achieved timely personal service; the judge said the appearance today satisfied notice and reserved the full day for conclusion.
Lenawee County — A judge in the Lenawee County Probate & Juvenile Court on Monday continued a consolidated review, permanency-planning hearing and a petition seeking termination of parental rights to Dec. 12 at 10:30 a.m., citing a dispute over whether required personal service had been completed.
Miss Saja Thomas, counsel for the department, told the court she "was unable to achieve personal service for the summons and petition related to the termination portion of today's hearing" and that workers had met with "Mister King" last Tuesday but that did not satisfy a 14-day notice requirement. She said the department had begun preparing an alternative-service motion.
The presiding judge said the client is entitled to 14 days of personal service and asked whether the parties wanted an adjournment. "Your client has the right to 14 days personal service for purposes of preparation for today's trial," the judge said, offering available dates and asking counsel about availability.
Counsel for one party argued an adjournment was in the children’s best interest because Mr. King currently had no parenting time. Mr. King repeatedly interrupted the proceedings, prompting the judge to warn him to stop or leave the courtroom.
The judge also stated on the record that "Mister King is here in person" and said that in-court appearance and the court's notice were "absolutely sufficient notice." The judge continued the entire matter, saying: "the entirety of today's proceedings ... is continued in its entirety to December 12 at 10:30 in the morning," and asked attorneys to reserve the time and prepare to conclude the case on that date.
The department indicated it will file or pursue an alternative-service motion depending on the court's directions. No evidence was heard on the termination petition at Monday's hearing; the matter was continued to allow time for service and for counsel to prepare.
The court did not enter a formal motion or take a vote on the underlying termination petition at the hearing. The next scheduled date is Dec. 12 at 10:30 a.m.
