Victory In Hillsdale

KOMORN LAW

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Komorn Law PLLC is proud to announce a victory in a DHHS/CPS matter in Hillsdale County. These cases, involving the removal of children from parents are always the toughest.

This case received some notoriety in the press, because the incident that resulted in the removal of the child, involved allegations of Cannabis use/possession (by only one of the parents) – by a Michigan Medical Marihuana patient-parent.

The crime or incident that caused the removal one could say, was being in Alabama.

The legal basis of removal in Alabama was the arrest for possessing medical marihuana, and not having a safety plan in place, while in Alabama, when they were arrested. ( Despite having a relative available in Alabama available to take temporary custody of the child). Also, and contrary to Michigan Law, the removal proceeding occurred without either parent being present in Court (they were in custody for Marihiana Possession). There was never an opportunity to confront the allegations or the accusers and the Alabama Court made its findings based upon the Alabama police reports.

After 5 months of being run through the Alabama gauntlet of parenting classes and drug education and treatment classes, the Court in Alabama decided to return the child to Michigan. The court felt in Alabama recorded the child be returned to the parents and only if there was a reason otherwise, the child should be returned to the Grandparents. No investigation, home study or even a reason was given by the Michigan CPS why the child wasn’t returned to the parents. No one at CPS contemplated or even considered the basis of the removal from Alabama. The Court in Michigan gave “ Full Faith and Credit to the Alabama decision to remove the child”.

While attempting to argue my point to the court, I couldn’t help but refer to this situation as “Kafkaesque”. (Kafkaesque-characteristic or reminiscent of the oppressive or nightmarish qualities of Franz Kafka’s fictional world. “a Kafkaesque bureaucratic office” especially : having a nightmarishly complex, bizarre, or illogical quality.

The word Kafkaesque is characterized by nightmarish qualities, absurd bureaucracy, and unnecessary and illogical circular reasoning.

When You Need An Attorney – You Need An Attorney !
You can’t just hire anyone – because you only get one chance to get it right.
Hire one that will step into the ring take one to the face from the justice system and bounce back up still ready to fight.
Hire the team at Komorn Law … because to win… you have to surround yourself with winners.

Here are some of the Kafkaesque Facts:

The reason for the arrest was because a Michigan Medical Marihuana Patient was in Alabama and Cannabis is illegal, and he was arrested.
His wife was present and she also got arrested.
The State of Alabama removed the child because the parents didn’t have a plan in place for when they would be arrested and what to do with the child when they got arrested.
They never got notice of the allegations for the removal of the child
They never got a chance to confront there accusers.
They were never presented with a charging document or a petition setting forth the allegations.
They never were given an opportunity to appear in court to fight the allegations.
They were never provided counsel.
Despite the treatment of this matter by the State of Alabama, the State of Michigan, accepted the findings, holdings and orders of the Court.
No one in the Michigan CPS system or the Courts system questioned the Alabama removal which was based upon an arrest for possessing medical marihuana.
The Michigan Court it turned out is not a proponent of Medical Marihuana.
The Court made references to “studies” that showed “ Bad Parenting” associated with the use of cannabis.
When asked what studies was the court referring to, the Court could not name a study.
The court was adamant when it explained its position and belief that any ( even medical use of Marihiana) cannabis use by parents puts the child in danger.
When reminded that in 2008, more than 3 million Michiganders ( at the time, more votes cast for this issue than any other issue ever, in the history of the voting in the State of Michigan) passed the MMMA, which specifically sets forth protections for parents to use medical marijuana, and when in State Compliance, not be arrest, prosecuted or suffer penalty of any kind. (Section 33326424 (d) A person shall not be denied custody or visitation of a minor for acting in accordance with this act, unless the person’s behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated), the Court was unmoved.
There has never been a CPS case opened in the past regarding these parents.
They have 2 other children currently living in the home, CPS was unmoved or concerned.
The Guardian Ad Litem (GAL), the attorney appointed to represent the child in this matter, (assigned with the sole task of looking out for the best interest of the child) when asked by the Judge, what his recommendation was regarding the placement of the child, stated: I am still unsure why the State of Alabama removed the child, and I am even less clear as to why the State of Michigan continues to support that removal.

I can’t recall a time, in all my years of practicing law, that I was in a situation where the Court was operating under Alabama law while being in a Michigan Court. Worse yet, this Michigan Court was punishing or continuing to punish the parents and the child based upon Alabama law, which all parties and the courtly admitted they knew nothing about.

The Court’s opinion, while important ignored the existing law in Michigan and had personal concerns and beliefs that were contrary to the law in the Michigan.

At no time has there ever been an identified allegation that created an unreasonable danger to the mine or or that was clearly articulated and substantiated.

Despite all of the above, or maybe because of all of the above, today the Court agreed to return the child to the parents, by Wednesday of next week. The Court demanded that prior to returning the child, the Husband and father provide a safety plan for his use of low thc cannabis gummies, just to make sure that the child isn’t effected by his medical use. I am calling it a Victory, or maybe a Kafkaesq Victory. Big shout out to Aly, Steve, Jen, Dan and Jeff Frazier of Komorn Law PLLC, who contributed in this battle.

(6 Days until the Child is returned)

Michigan family fights to get custody of son after out-of-state arrest

RACHEL MCCRARY, ANNA MUCKENFUSS POSTED JUL 18, 2021 0

A Michigan family is fighting to get custody of their son after being arrested out of state for marijuana possession.

What started as a quick trip to pick up her husband, ended up being the court battle of a lifetime for Erika Prock.

Prock lost custody of their son and have yet to get it back.

“It’s been torture, literally torture,” Prock said. “There’s just no communication. It’s a mess.”

In March, Prock drove from her Hillsdale, Michigan residence to pick up her husband from her in-laws in Alabama with her 18-month-old son Braxton.

On the way home they were in Lawrence county, Alabama and were stopped by police.

They were searched and arrested when officers smelled weed and found Prock’s husbands’ pot in the trunk.

“It was four and half ounces, it was like this much, I don’t know if that’s a lot, I don’t smoke,” Prock said.

While marijuana is legal in Michigan, you may not carry more than 2.5 ounces of cannabis at a time, but in Alabama, recreational marijuana is illegal.

Prock said being from Michigan and not a smoker she had no idea on the severity of the crime.

The family said they instantly lost custody of their son and the process to get her son back has been slow.

“The children and parents are the ones suffering when this my son could have been back here in back in April when he was ordered to be transferred back here,” Prock said.

Instead of returning to Michigan, Prock and her husband moved into a tent behind her in-laws’ trailer while they fight allegations in criminal and family court.

“They took Braxton and put him into DHS care, they never asked if we had family. They never asked if there was anyone to come get him, they just took him away,” Prock said.

Prock said police took her to jail for failing a sobriety test, she said the only reason she failed was because she had a sprained ankle. Prock later passed the drug screening.

The good news is that Braxton is finally being transferred home to Michigan on Monday after months of confusion and court hearings.

Prock she wanted to share her story to warn others.

“Because I want to bring awareness to the laws when you cross a different line, how this could happen to anybody,” Prock said.

https://www.wnem.com/news/michigan-family-fights-to-get-custody-of-son-after-out-of-state-arrest/article_beb826a2-e7f4-11eb-a67c-676bb5e45cbb.html

More News

https://www.al.com/crime/2021/06/alabama-removes-toddler-from-michigan-family-found-with-marijuana.html
https://thefreshtoast.com/news/cross-state-lines-with-marijuana-get-your-children-taken-away/

ALABAMA’S CHEMICAL ENDANGERMENT LAW

Alabama’s drug laws are some of the toughest in the nation. One of those laws is Alabama Code – Section 26-15-3.2: Chemical Endangerment of Exposing a Child to an Environment in Which Controlled Substances are Produced or Distributed.

As the name implies, the law was initially created to fight the growing meth problem in parts of Alabama. It was designed to be brought against parents and other parties who are caught operating meth labs in houses where children are present, exposing those children to dangerous chemicals., it is now also used in cases involving otherwise law-abiding parents who are caught in possession of very small amounts of drugs, including prescription drugs.

According to an article from AL.com, women have been more likely to be prosecuted under this law than men. Research also shows that a disproportionate number of the people prosecuted under this law have been pregnant mothers.

The chemical exposure law makes it a class c felony when a person “Knowingly, recklessly, or intentionally causes or permits a child to be exposed to, to ingest or inhale, or to have contact with a controlled substance, chemical substance, or drug paraphernalia.” As such, it carries a sentence of up to 10 years in prison. Note that there need be no evidence of any harm to the child in order to obtain a conviction.

If the child is harmed, the charge can escalate to a higher level felony and carry even more prison time upon conviction.