C in Re M R Simonetta Minor ( 2022 )

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports. STATE OF MICHIGAN COURT OF APPEALS FOR PUBLICATION In re M. R. SIMONETTA, Minor. February 24, 2022 No. 357909 St. Clair Circuit Court Family Division LC No. 19-000333-NA Before: GLEICHER, C.J., and BORRELLO and RONAYNE KRAUSE, JJ. RONAYNE KRAUSE, J. (concurring). I concur entirely with the majority’s reasoning and conclusion that a fetus is not a “child” under the Child Protection Law, MCL 722.621 et seq., or under the Probate Code, MCL 710.21 et seq. Therefore, as the majority concludes, it is definitionally impossible to commit abuse of a fetus under MCL 722.638(1), and it is, in turn, definitionally impossible to subject a fetus to “aggravated circumstances” under MCL 712A.19a(2). Because that conclusion is dispositive, I concur with the result reached by the majority for that reason alone, and I would not consider or express any opinion whether the evidence would otherwise support a finding of “severe physical abuse.” /s/ Amy Ronayne Krause -1-