The Michigan Supreme Court issued a decision July 31, 2025, in *In re Barber/Espinoza*, a child protection case involving allegations of sexual abuse and a mother's alleged failure to protect her children. The case arose after the Department of Health and Human Services petitioned the Lenawee Circuit Court to take jurisdiction over two minor children and terminate their mother's parental rights.
The case centers on disturbing allegations made by a child identified as CB, who disclosed that she had been sexually abused by two of her mother's male friends between the ages of two and nine. According to court documents, CB told authorities that her mother was aware of the ongoing abuse and had allowed one man to abuse her daughter in exchange for drugs.
Following CB's disclosures about the seven-year period of alleged abuse, DHHS moved swiftly to remove both CB and another minor child, identified as ME, from their mother's care and custody. The department argued that immediate termination of parental rights was warranted at the initial dispositional hearing under multiple provisions of Michigan law.
DHHS based its termination petition on several statutory grounds under MCL 722.638(1)(b), (2), and (3). These statutes allow for parental rights termination when a parent has failed to provide proper care or custody, when a child has been abused or neglected, and when termination is in the child's best interests. The department argued that all these conditions were met in this case.
At the preliminary hearing in Lenawee Circuit Court's Family Division, Judge Anna Marie Anzalone authorized the petition and took immediate protective measures. The court suspended the mother's parenting time with both children and ordered that they remain with their nonrespondent father, removing them from any potential ongoing danger.
The case represents the intersection of several critical areas of family law, including child protection statutes, parental rights termination procedures, and the state's obligation to protect minors from abuse. Michigan's child protection laws are designed to prioritize child safety while also recognizing the fundamental right of parents to raise their children.
Under Michigan law, parental rights termination is considered the most serious intervention available to the state in family matters. Courts must find clear and convincing evidence that statutory grounds for termination exist and that termination serves the child's best interests. The process typically involves multiple hearings and careful consideration of whether less restrictive alternatives could adequately protect the child.
The allegations in this case are particularly serious because they suggest not only that abuse occurred, but that the mother was aware of it and may have facilitated it for personal gain. Such allegations, if proven, would likely satisfy multiple statutory grounds for termination under Michigan law.
The Supreme Court's involvement in the case indicates that significant legal issues were at stake, either regarding the interpretation of child protection statutes or the procedures used in the lower courts. The high court heard oral arguments on an application for leave to appeal on May 7, 2025, before issuing its decision two months later.
Child protection cases involving sexual abuse allegations require courts to balance competing interests: protecting children from harm while preserving family integrity when possible. The legal system must also ensure that proper procedures are followed and that constitutional due process rights are protected, even in cases involving serious allegations of abuse.
The case highlights the critical role that child disclosures play in protecting minors from abuse. When children are able to report abuse, as CB did in this case, it can trigger protective interventions that may save them and their siblings from continued harm. However, these cases also present complex challenges for courts, which must evaluate the credibility of child witnesses and make life-changing decisions based on often difficult evidence.
The involvement of drug-related considerations adds another layer of complexity to the case. Substance abuse issues often intersect with child protection matters, as parents struggling with addiction may be unable to provide adequate care or protection for their children. When substance abuse leads to situations where children are endangered or exploited, courts must take decisive action to protect the minors.
The Supreme Court's decision in this case may provide important guidance for lower courts handling similar child protection matters throughout Michigan. While the full details of the court's reasoning are not available from the preliminary documents, the case demonstrates the state's commitment to protecting children from abuse while ensuring that proper legal procedures are followed in parental rights termination cases.
The case serves as a reminder of the serious consequences that can result when parents fail to protect their children from known dangers, particularly when such failures involve the exploitation of children for personal gain.