IN RE JACOBS

Docket Nos. 83035, 83116, (Calendar No. 9).

433 Mich. 24 (1989)

444 N.W.2d 789

In re JACOBS DEPARTMENT OF SOCIAL SERVICES v. SMITH

Supreme Court of Michigan.

Decided August 1, 1989.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Patrick M. Shannon, Prosecuting Attorney, and Mark Louis Dobias, Assistant Prosecuting Attorney, for the Department of Social Services.

John W. Leudesdorff, Guardian Ad Litem, for the minor children.

Lewinski & Brewster, P.C. (by Paul M. Brewster), for the respondents.


RILEY, C.J.

We are asked in this case to decide whether a probate court may acquire jurisdiction over a child under the neglect provision of MCL 712A.2(b)(2); MSA 27.3178(598.2)(b)(2) without a finding that the neglect is culpable. In light of the plain language of § 2(b) and established legislative purpose of the juvenile code, we hold that culpable neglect need not be shown to support an exercise of jurisdiction by a probate court under § 2(b)(2).

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