in Re Engle Minors ( 2007 )

Order Michigan Supreme Court
Lansing, Michigan
November 2, 2007 Clifford W. Taylor,
Chief Justice
134801 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
In re ERIC SCOTT ENGLE, ANNA Maura D. Corrigan
MORIAH ENGLE, JOY CHRISTINA Robert P. Young, Jr.
ENGLE, EMILY MARIE ENGLE, Stephen J. Markman,
Justices
CHRISTOPHER CHARLES ENGLE,
and TABITHA JOSIAH ENGLE, Minors.
______________________________________/
DEPARTMENT OF HUMAN SERVICES,
Petitioner-Appellant,
v SC: 134801
COA: 275064
Oakland CC
IRENE LENORA ENGLE, Family Division: 05-713431-NA
Respondent-Appellee.
______________________________________/
On order of the Court, the application for leave to appeal the August 9, 2007
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in
lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals, and
we REINSTATE the November 21, 2006 opinion, and November 27, 2006 order of the
Oakland Circuit Court, Family Division, terminating respondent-mother’s parental rights
to the minor children. The Court of Appeals misapplied the clear error standard by
substituting its judgment for that of the trial court, MCR 2.613(C); In re Miller, 433 Mich
331 (1989), failed to acknowledge that the applicable statutes and court rules do not
require efforts for reunification or provision of services under the circumstances of this
case, see, e.g., MCL 722.638(1)(a)(ii) and (2); MCL 712A.19a(2)(b); MCR 3.965(D)(2),
and rendered a decision that was contrary to the clear and convincing evidence
supporting the statutory grounds for termination and the best interests of the minor
children, MCR 3.977(J); In re Trejo Minors, 462 Mich 341 (2000). We REMAND this
case to the Oakland Circuit Court, Family Division, for further proceedings not
inconsistent with this order.
We do not retain jurisdiction.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
November 2, 2007 _________________________________________
d1030 Clerk