In a recent published opinion, the Michigan COA reversed a lower court’s decision to prohibit a mother’s parenting time with her son until she passed three consecutive drug tests for THC. Rachel Nichole Ott had her son taken by DHHS after she entered a plea of admission to the allegation that she provided unstable housing for her child. During the hearing, the respondent asserted that she had a medical marijuana card, and her attorney contended that the respondent’s parenting time could not be linked to whether she used marijuana unless it was demonstrated that the marijuana use created a risk of harm to the child. The trial court ordered continued random drug testing.
The Court of Appeals disagreed, stating, “. . . for purposes of the MMMA and the MRTMA, respondent’s use of marijuana did not justify the denial of her parenting time with LO unless the court determined that she did not act in accordance with the MMMA or the MRTMA, or unless the court determined that as a result of her marijuana use, it created an unreasonable danger to LO that was clearly articulated and substantiated. MCL 333.26424(d); MCL 333.27955(3). This analysis was not undertaken in the lower court. In light of our rulings, we hold that it is necessary to reverse and remand the case for compliance with MCL 712A.13a(13), MCL 712A.18(1)(p), MCL 333.26424(d), and MCL 333.27955(3).”
