Order Michigan Supreme Court
Lansing, Michigan
March 22, 2019 Bridget M. McCormack,
Chief Justice
David F. Viviano,
Chief Justice Pro Tem
158854
Stephen J. Markman
Brian K. Zahra
Richard H. Bernstein
Elizabeth T. Clement
SC: 158854 Megan K. Cavanagh,
In re I.M. LONG, Minor. COA: 344326 Justices
Oakland CC Family Division:
2017-849503-NA
_______________________________________/
On order of the Court, the application for leave to appeal the November 20, 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-appellant shall file a supplemental brief within 42 days of the date
of this order addressing: (1) whether the Court of Appeals clearly erred in reversing the
trial court’s decision to exercise jurisdiction over the minor child pursuant to MCL
712A.2(b)(2), where the child was living with a guardian and there was no evidence that
the guardian’s home was unfit, yet there was evidence that the respondent-father is
incarcerated and had a history of criminal conduct; (2) whether the Court of Appeals
clearly erred in reversing the trial court’s additional decision to exercise jurisdiction over
the minor child pursuant to MCL 712A.2(b)(6), based on the respondent-father’s conduct
in the two years preceding the filing of the petition when he was a putative, not legal,
father; and (3) whether the trial court’s reliance on In re LE, 278 Mich App 1 (2008), was
misplaced. In addition to the brief, the petitioner-appellant 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). The respondent-
appellee shall file a supplemental brief within 21 days of being served with the petitioner-
appellant’s brief. The respondent-appellee shall also electronically file an appendix, or in
the alternative, stipulate to the use of the appendix filed by the petitioner-appellant. The
lawyer-guardian ad litem for the minor child is invited to file a supplemental brief within
21 days of being served with the petitioner-appellant’s brief. A reply, if any, must be
filed by the petitioner-appellant within 14 days of being served with the respondent-
appellee’s brief. The parties should not submit mere restatements of their application
papers.
2
The Children’s Law and Family Law Sections of the State Bar of Michigan, the
UDM Juvenile Appellate Practice Clinic, and the University of Michigan Law School
Child Advocacy Law Clinic 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.
March 22, 2019
s0319
Clerk