Kolley v. Adult Protective Servs.

Jena is a 19-year-old with a genetic disorder that causes physical defects and severe mental disability. She apparently communicates at the level of a child between the ages of five and seven and has the social skills of a child between four and eight. She reportedly told a teacher that her mother, Suzanne, “hit me.” The Oakland County Sheriff’s Department and Adult Protective Services (defendants), part of the Michigan Department of Human Services investigated. APS obtained an order appointing a guardian for Jena and authorizing her removal from the family home to a group foster facility. The family alleges that the defendants gave false testimony that Jena’s father made sexual comments about Jena. Following allegedly assaultive behavior, the probate court entered an order temporarily denying the family contact with Jena. Ultimately, Jena’s father was granted full custody and charges against her mother were dropped. The district court dismissed the family’s claims under 42 U.S.C. 1983. The Sixth Circuit affirmed, noting that the court was the final decision-maker with respect to Jena’s custody. The court rejected substantive and procedural due process claims and a claim of violation of First Amendment right to family association. View "Kolley v. Adult Protective Servs." on Justia Law