in Re wangler/paschke Minors

Order Michigan Supreme Court
Lansing, Michigan
November 6, 2015 Robert P. Young, Jr.,
Chief Justice
149537 Stephen J. Markman
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
SC: 149537 Joan L. Larsen,
In re WANGLER/PASCHKE, Minors COA: 318186 Justices
Sanilac CC Family Division:
07-035009-NA
_______________________________________/
On order of the Court, leave to appeal having been granted, and the briefs and oral
arguments of the parties having been considered by the Court, we REVERSE the May 27,
2014 judgment of the Court of Appeals for the reason that it is unclear when the trial
court issued its initial dispositional order, which is the first order appealable by right. See
MCR 3.993(A). Under the circumstances of this case, in which the court purported to
issue dispositional orders without first adjudicating the respondent-mother, the
respondent-mother’s appeal should not be regarded as an impermissible collateral attack
on jurisdiction. See In re Hatcher, 443 Mich. 426, 444 (1993). As to the merits of the
respondent-mother’s challenge, we conclude that the trial court violated MCR
3.971(C)(1) by failing to satisfy itself that the respondent-mother’s plea was knowingly,
understandingly, and voluntarily made, and violated MCR 3.971(C)(2) by failing to
establish support for a finding that one or more of the statutory grounds alleged in the
petition were true. Therefore, the manner in which the trial court assumed jurisdiction
violated the respondent-mother’s due process rights. See In re Sanders, 495 Mich. 394,
415 (2014). Accordingly, we set aside the respondent-mother’s plea and the subsequent
adjudication and termination, and REMAND this case to the Sanilac Circuit Court,
Family Division for further proceedings not inconsistent with this order.
We do not retain jurisdiction.
MARKMAN, J. (dissenting).
Because I agree with the Court of Appeals that respondent’s challenge constitutes
“an impermissible collateral attack on the trial court’s exercise of jurisdiction,” I would
affirm its decision. In re Wangler, 305 Mich. App. 438, 440 (2014). Respondent’s plea,
and therefore her formal adjudication, was held in “abeyance” by the trial court and,
2
because of the confusion this caused, I agree with my colleagues that “it is unclear when
the trial court issued its initial dispositional order, which is the first order appealable by
right. See MCR 3.993(A).” However, it is clear that the trial court accepted respondent’s
plea and adjudicated respondent no later than in its February 4, 2013 dispositional order
(and quite arguably at an earlier juncture). That is, it is clear that at least by that date, the
trial court had both adjudicated respondent and entered its initial dispositional order.
Therefore, if respondent had concerns about the manner in which she had been
adjudicated, i.e., the manner in which the trial court had exercised its jurisdiction, she
clearly should have appealed its February 4, 2013 order. But she did not do so. Instead,
respondent waited until after the June 26, 2013 termination hearing and after the July 16,
2013 order terminating her parental rights to file an appeal challenging the trial court’s
adjudication. This, in my judgment, was clearly an impermissible collateral attack on the
trial court’s exercise of jurisdiction. In re Hatcher, 443 Mich. 426, 439-440 (1993).
I, Larry S. Royster, 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 6, 2015
t1103
Clerk