Order Michigan Supreme Court
Lansing, Michigan
May 29, 2013 Robert P. Young, Jr.,
Chief Justice
146714 Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 146714
COA: 313750
Wayne CC: 12-004559-01-FC
SHAWQUANDA BOROM,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the January 31, 2013
order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of
granting leave to appeal, we REMAND this case to the Court of Appeals for
consideration, as on leave granted, of: (1) whether a parent’s failure to act to prevent
harm to his or her child satisfies the requirement for a knowing or intentional act under
the first-degree child abuse statute, MCL 750.136b(2), in light of MCL 750.136b(3) that
separately punishes omissions and reckless conduct as second-degree child abuse; (2) if
so, whether the failure to prevent a person who may be dangerous to the child to have
contact with the child violates the first-degree child abuse statute; (3) whether there is a
common law duty of a parent to prevent injury to his or her child; and, (4) assuming that
there is such a duty under the common law, whether aiding and abetting under
MCL 767.39 can be proven where the defendant failed to act according to a legal duty,
but provided no other form of assistance to the perpetrator of the crime.
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.
May 29, 2013
p0522
Clerk