Order Michigan Supreme Court
Lansing, Michigan
November 7, 2018 Stephen J. Markman,
Chief Justice
157918 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Kurtis T. Wilder
SC: 157918 Elizabeth T. Clement,
Justices
In re PILAND, Minors. COA: 340754
Ingham CC Family Division:
17-000591-NA
_______________________________________/
On order of the Court, the application for leave to appeal the May 15, 2018
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on the application. MCR 7.305(H)(1).
The petitioner shall file a supplemental brief within 42 days of the date of this
order addressing: (1) whether the respondents are entitled to a jury instruction based on
MCL 722.634, which states: “A parent or guardian legitimately practicing his religious
beliefs who thereby does not provide specified medical treatment for a child, for that
reason alone shall not be considered a negligent parent or guardian;” and (2) for purposes
of this determination, the distinction, if any, between the terms “neglects” and “refuses”
in MCL 712A.2(b)(1), where the family court’s jurisdiction is sought on the basis of the
parent’s failure to obtain medical care for a child. In addition to the brief, the petitioner
shall electronically file an appendix conforming to MCR 7.312(D)(2). In the brief,
citations to the record must provide the appendix page numbers as required by MCR
7.312(B)(1). Respondents and the lawyer-guardian ad litem shall file supplemental briefs
within 21 days of being served with the petitioner’s brief. The respondents shall also
electronically file an appendix, or in the alternative, stipulate to the use of the appendix
filed by the petitioner. A reply, if any, must be filed by the petitioner within 14 days of
being served with the briefs of the respondents and the lawyer-guardian ad litem. The
parties should not submit mere restatements of their application papers.
The Children’s Law and Family Law Sections 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, 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 7, 2018
s1031
Clerk