Summary of facts: In these consolidated cases, Michigan lower courts terminated the parental rights of parents without considering an alternative arrangement, such as a custody order, that would have accounted for the welfare of their children while stopping short of completely severing their relationship. The parents appealed to the state supreme court.

RFI’s position: Parents have a fundamental right, protected by the 14th Amendment to the U.S. Constitution, to make decisions concerning the care, custody, and control of their children, and both parents and children share a fundamental right to the integrity of the parent-child relationship. At the same time, the government has a compelling interest in protecting the interest of the child. When the government must intervene to protect the interest of the child, the government must employ the restrictive means necessary to do so in order to preserve to the greatest extent possible the fundamental rights of both the parent and the child. The Michigan supreme Court should remand these cases.

Read the amicus brief here.