Order Michigan Supreme Court
Lansing, Michigan
October 2, 2013 Robert P. Young, Jr.,
Chief Justice
147515 & (81) Michael F. Cavanagh
Stephen J. Markman
_____________________________________ Mary Beth Kelly
Brian K. Zahra
SC: 147515 Bridget M. McCormack
In re COH, ERH, JRG, KBH, Minors. COA: 309161 David F. Viviano,
Muskegon CC Family Justices
______________________________________/ Division: 08-036989-NA
On order of the Court, the motion to intervene is GRANTED. The application for
leave to appeal the June 25, 2013 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
Court of Appeals erred in holding that there is a preference for relatives under MCL
712A.19c(2) when a circuit court decides whether to create a juvenile guardianship after
parental rights have been terminated; (2) if such a preference exists, whether the paternal
grandmother was entitled to that preference where her son’s parental rights to the
children had been terminated; (3) whether the Court of Appeals erred by not applying a
clear error standard of review to the Muskegon Circuit Court Family Division’s
determination of the children’s best interests pursuant to MCL 712A.19c; (4) whether the
circuit court erred by using the best interests factors enumerated in MCL 722.23 of the
Child Custody Act in deciding whether to grant the petition for a juvenile guardianship;
and (5) whether the Court of Appeals erred by reversing the circuit court on the ground
that it was improper to compare the foster parents with the proposed guardian, or erred on
any other basis.
The Clerk of the Court is directed to place this case on the December 2013 session
calendar for argument and submission. Appellant Department of Human Services’ brief
and appendix must be filed no later than November 4, 2013. Appellee Lori Scribner’s
brief and appendix, if appellee chooses to submit an appendix, must be filed no later than
November 25, 2013. Intervenor Michigan Children’s Institute’s brief must be filed no
later than November 25, 2013.
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. Amicus curiae briefs are to be filed no later than December
2, 2013.
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.
October 2, 2013
s1001
Clerk