State Supreme Court changes child welfare practice, says "one-parent" rule unconstitutional

Jun 3, 2014

Michigan Supreme Court
Credit photo courtesy of the MI Supreme Court

The Michigan Supreme Court has ruled a practice by the state's child welfare system is unconstitutional. 

Yesterday the State Supreme Court struck down a 12-year-old rule they said violated the constitution because it allowed the state to punish both parents for abuse or neglect of a child for whom only one parent was responsible, even when parents were not living together.

A person's right to raise their child without interference from the state – their "parental rights –" is constitutionally protected.

"Before, the state could put a child in foster care for what just one parent did," says Vivek Sankaran, who argued the case against the state. "Now the state has to make findings against both parents before it can take a child away and put them in foster care."

You can read more at State of Opportunity