Family Independence Agency v. AMB,
No. 218869 (Mich. Ct. App. Nov. 6, 2001)

 An infant died after a hospital withdrew life sustaining treatment. An attorney appointed to represent the infant appealed on her behalf. The infant was born five weeks' premature with a series of debilitating deformities including an enlarged heart which had caused her left lung to collapse. The parents were both incompetent to give consent to the infant's medical care. The state brought the case to family court for a determination of what to be done with the infant's medical care. After a flawed family court proceeding, the state acquired an order to take the child off life support. Although the court order was not effective for seven days, the hospital withdrew life support the next day and the infant died.

The Court of Appeals of Michigan accepted this case to provide guidance on how to handle similar situations in the future. The court ruled that the decision to terminate life support should whenever possible be made in the clinical setting and the courts should be sought out only in the case of an impasse. This was not what occurred in the current case because the state operated on its own volition to go to court and seek an order to terminate life support. The court was also troubled by the numerous legal missteps during the family court hearing. Specifically, the court noted that neither parent was informed of the proceedings, nor were their interests represented. Also, only one doctor at the proceedings had ever seen the infant. Finally, the court ruled that, notwithstanding the fact that the family courts often value their informal proceedings, strict adherence to statutes and court rules was necessary in cases involving the decision to withdraw life support, and therefore the family court referee who heard the matter should have submitted written findings and recommendations to a judge.