M Civ JI 97.42 Unfit Home by Reason of Neglect or Cruelty - Res Ipsa Loquitur

You may, but are not required to, find that the child’s home or environment was an unfit place for the child to live in by reason of neglect or cruelty on the part of his or her parent, guardian, nonparent adult or custodian if you find all the following:

(a) The child has suffered an injury or injuries.

(b) The child was not capable of inflicting the injury or injuries on himself or herself.

(c) The injury or injuries are such that would not ordinarily occur unless they were caused by another person inflicting them on the child or another person not providing proper care and supervision for the child in order to prevent the injury or injuries.

(d) The child was in the exclusive control of his or her parent, guardian, nonparent adult or custodian at the time the injury or injuries occurred. The term “custodian” includes any other person to whom the parent or guardian entrusted the care of the child if the parent or guardian knew, or should have known, that that person might injure the child or permit the child to be injured through lack of proper care and supervision.

(e) The true explanation of what happened to the child is more likely to be within the knowledge of the parent, guardian, nonparent adult or custodian than the petitioner.

Comment

Jones v Poretta, 428 Mich 132 (1987).

History

M Civ JI 97.42 was added March 2005.