in Re Mays Minors

Order Michigan Supreme Court
Lansing, Michigan
March 23, 2011 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Marilyn Kelly
142566 & (67) Stephen J. Markman
Diane M. Hathaway
SC: 142566 Mary Beth Kelly
In re MAYS, Minors. COA: 297447 Brian K. Zahra,
Wayne CC Family Division: Justices
09-485821
_________________________________________/
On order of the Court, the application for leave to appeal the November 23, 2010
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed: (1) whether the Wayne Circuit Court, Family
Division, erred in ordering the respondent-father to comply with a treatment plan in the
absence of an adjudication of unfitness; (2) whether the so-called “one parent” doctrine,
first adopted in In re CR, 250 Mich App 185 (2001), should be upheld; (3) whether the
respondent-father’s challenge to the trial court’s assumption of jurisdiction constitutes an
improper collateral attack on the trial court’s exercise of jurisdiction, where he had an
opportunity to bring a direct appeal from the trial court’s initial dispositional order, which
required him to comply with a treatment plan, but he did not do so, see In re Hatcher,
443 Mich 426, 444 (1993); MCR 3.993(A)(1); (4) whether the trial court committed plain
error in failing to hold a permanency planning hearing before directing the petitioner to
file a supplemental petition seeking termination; (5) whether the trial court clearly erred
in finding that clear and convincing evidence was presented to support termination under
at least one of the statutory grounds alleged, MCL 712A.19b(3)(c)(i), (g), or (j); and (6)
whether the trial court clearly erred in finding that termination was in the children’s best
interests, MCL 712A.19b(5), without determining whether the children were of a
sufficient age to give their views regarding termination, MCL 712A.19a(3), and without
considering whether termination was appropriate given that the children were being cared
for by a relative, MCL 712A.19a(6)(a).
We further ORDER that this case be argued and submitted to the Court together
with the case of In re Mays (Docket No. 142568), at such future session of the Court as
both cases are ready for submission.
The motion for leave to file brief amici curiae is GRANTED. The Children’s Law
Section and the Family Law Section of the State Bar of Michigan are invited to file briefs
amicus curiae. Other persons or groups interested in the determination of the issues
presented in this case may move the Court for permission to file briefs amicus curiae.
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.
March 23, 2011 _________________________________________
d0316 Clerk