IN THE MATTER OF McDUEL

Docket No. 78349.

142 Mich. App. 479 (1985)

369 N.W.2d 912

IN THE MATTER OF McDUEL

Michigan Court of Appeals.

Decided May 7, 1985.


Attorney(s) appearing for the Case

Fred R. Hunter, III, Prosecuting Attorney, and Michael L. Buck, Assistant Prosecuting Attorney, for the Department of Social Services.

James D. Stone, for David McDuel.

Stephen E. Sheridan, for Pearl McDuel.

Before: SHEPHERD, P.J., and V.J. BRENNAN and C. JOBES, JJ.


SHEPHERD, P.J.

Respondent McDuel appeals as of right from an April 24, 1984, probate court order which terminated her parental rights and placed her four-year-old son in the permanent custody of the probate court. MCL 712A.19a; MSA 27.3178(598.19a). We reverse and hold that:

A. Parental rights may not be terminated on the basis of a parent's physical incapacity in the absence of culpable neglect.

B. The normal depression which may accompany a physical...

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