Lenawee County Probate & Juvenile Court — The court found on the record that Dustin King neglected his children and took personal jurisdiction, ordering the children to remain in the care of the department (DHHS) pending a dispositional hearing set for 11 a.m. Tuesday, Feb. 4.

The finding followed testimony and photographic evidence presented by the department and testimony from Mr. King, who acknowledged that at the time the petition was filed the children had been living in a tent in the backyard. The court cited a deputy’s photographs and testimony showing the children “unprotected” and exposed to hazards, including a propane tank near the children and trash and debris in the area. The judge said there was a “preponderance of the evidence” that at least one allegation in the petition was true and that King, as the legally responsible parent, had “neglected to provide proper or necessary support,” including housing and care.

Why it matters: The adjudication transfers juvenile-court jurisdiction to oversee the children’s care and requires the parent to address specific issues before reunification can be considered. The court listed mental-health, employment, transportation and housing as areas King must resolve to demonstrate he can safely parent.

Evidence and testimony
The department’s attorney summarized Deputy Rincon’s photographs and testimony, saying the children were found outside on a 38-degree night with “inappropriate clothing” and that the backyard conditions posed a “substantial risk of harm.” In closing, the department asked the court to find the required preponderance of evidence under the juvenile code.

Dustin King testified that he had been living with the children in a tent for a period he estimated at no more than “a month and a half.” He described the children’s meals (steak, tacos, burgers, meatloaf) and said his mother and the children’s mother sometimes prepared food. King also told the court he wanted “one more opportunity” and said he hoped to “keep the promises that come with the kids” and to reestablish relationships.

King testified about health concerns he attributed to his housing, including mold and “mycotoxins,” and described personal medical conditions and past services. Defense counsel, Mr. Brooks, argued King was trying to provide an appropriate home, was working on repairs to a conventional house and asked the court to allow DHHS to inspect the home and return the children if it met safety standards.

The court’s ruling and next steps
After hearing argument, the judge stated: “The court finds there has been a preponderance of the evidence shown that there was a violation of the statute in this case,” and placed the children in DHHS custody pending disposition. The judge said the department would retain placement discretion and scheduled an initial dispositional hearing at 11 a.m. on Tuesday, Feb. 4.

The court also directed that King address mental-health and domestic-violence dynamics, housing, employment and transportation as part of any plan to reunify. The transcript indicates the court will require those areas to be analyzed in the disposition phase.

Quotes
"I was trying to get before all this happened and, I'd like to try ... keep the promises that come with the kids," Dustin King testified about his goals for the children.

"I think that it is we've met our burden and some," Ms. Thomas said in closing, arguing the department had proven neglect by a preponderance of the evidence.

"The court finds there has been a preponderance of the evidence shown," the judge said when announcing the adjudication and the court's assumption of jurisdiction.

Ending
The children will remain placed with DHHS pending the Feb. 4 dispositional hearing. The court listed follow-up items — including evaluation of mental-health needs, housing conditions and domestic-violence dynamics — that King must address as part of the reunification analysis.