M Civ JI 97.43 Findings Re: Statutory Grounds

You must find that one or more of the statutory grounds alleged in the petition have been proven if:

(a) you find by a preponderance of the evidence that [ children’s names ], mother, or father, or both, when able to do so, neglected or refused to provide proper or necessary support, medical, surgical or other care necessary for [ his / her / their ] health or morals, or

(b) you find by a preponderance of the evidence that [ children’s names ] [ was / were ] subject to a substantial risk of harm to [ his / her / their ] mental well-being, or

(c) you find by a preponderance of the evidence that [ children’s names ] [ was / were ] abandoned by [ his / her / their ] [ mother / father / parents / guardian / custodian ], or

(d) you find by a preponderance of the evidence that [ children’s names ] [ was / were ] without proper custody or guardianship, or

(e) you find by a preponderance of the evidence that the home or environment of [ children’s names ] was an unfit place for [ him / her / them ] to live in by reason of neglect, cruelty, drunkenness, criminality or depravity on the part of [ his / her / their ] [ mother, father, or both /guardian / nonparent adult / custodian ], or

(f) you find by a preponderance of the evidence that [ children’s names ] mother, or father, or both, [ has / have ] substantially failed, without good cause, to comply with a limited guardianship placement plan regarding the [ child / children ], or

(g) you find by a preponderance of the evidence that [ children’s names ] mother, or father, or both, [ has / have ] substantially failed, without good cause, to comply with a court-structured plan regarding the [ child / children ], or

(h) you find by a preponderance of the evidence that [ children’s names ] [ has / have ] a guardian appointed for [ him / her / them ] under the Michigan Estates and Protected Individuals Code, and

(i) that [ children’s names ] mother, or father, or both, having the ability to support or assist in supporting the [ child / children ], [ has / have ] failed or neglected, without good cause, to provide regular and substantial support for the [ child / children ] for a period of two years or more before the filing of the petition, or if a support order has been entered, [ has / have ] failed to substantially comply with the order for a period of two years or more before the filing of the petition, and

(ii) that [ children’s names ] mother, or father, or both, having the ability to visit, contact or communicate with the [ child / children ]), [ has / have ] regularly and substantially failed or neglected, without good cause, to do so for a period of two years or more before the filing of the petition.

If you find that none of those have been proven, then you must find that none of the statutory grounds alleged in the petition have been proven.

Note on Use

Read only those paragraphs that apply to the case.

History

M Civ JI 97.43 was added March 2005. Amended June 2011.