In-camera conferences should not be held in child protective proceedings for any reason whatsoever. In re HRC, 286 Mich App 444, 453 (2009). Although child custody cases permit the use of in-camera reviews for the limited purpose of determining a child’s best interests, child protective proceedings are governed by the Juvenile Code. In re HRC, 286 Mich App at 454. “[N]othing in the [J]uvenile [C]ode, the caselaw, the court rules, or otherwise permits a trial court presiding over a termination of parental rights case to conduct in camera interviews of the children for purposes of determining their best interests.” Id. Accordingly, “a trial court presiding over a juvenile proceeding has no authority to conduct in camera interviews of the children involved.” Id.
“The use of unrecorded, in camera interviews in termination proceedings violates parents’ due process rights” because they “might unduly influence the trial court’s factual findings and termination decision, and because the process provides no opportunity for cross-examination by respondents or their counsel, the practice also prejudices a respondent’s ability to impeach the witness and forecloses meaningful appellate review.” In re Ferranti, 504 Mich 1, 31-32 (2019), quoting HRC, 286 Mich App at 455-456 (quotation marks omitted). Nothing “permits a trial court presiding over a termination of parental rights case to conduct in camera interviews of the children for purposes of determining their best interests,” and although “testifying on the record and in the presence of parties and counsel [may cause] discomfort to [the children], that interest does not outweigh the respondents’ interest in having any testimony on the record, given the fundamental parental rights involved in termination proceedings, the risk of an erroneous deprivation of those rights given the in camera procedure, and the fact that the information is otherwise easily obtained[.]” Ferranti, 504 Mich at 35, quoting HRC, 286 Mich App at 454, 456 (quotation marks omitted). Accordingly, “because the trial court violated the respondents’ due-process rights by conducting an unrecorded, in camera interview of the subject child before the court’s resolution of the termination petition, a different judge must preside on remand.” Ferranti, 504 Mich at 8.