Order Michigan Supreme Court
Lansing, Michigan
Bridget M. McCormack,
Chief Justice
September 23, 2020
David F. Viviano,
Chief Justice Pro Tem
161525 Stephen J. Markman
Brian K. Zahra
Richard H. Bernstein
Elizabeth T. Clement
Megan K. Cavanagh,
In re SMITH, Minors. SC: 161525 Justices
COA: 351095
Kalamazoo CC Family Division:
18-000053-NA
_______________________________________/
On order of the Court, the application for leave to appeal the April 30, 2020
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 respondent-appellant shall file a supplemental brief within 42 days of the date
of this order addressing: (1) whether a child’s chronic absence from school is, on its
own, a sufficient basis for the trial court to assume jurisdiction on the ground of
educational neglect as contemplated by MCL 712A.2(b)(2); (2) whether proving
allegations of educational neglect requires demonstrating that the child has suffered harm,
see MCL 712A.2(b)(1)(b), and, if so, what constitutes harm for these purposes; and (3)
whether the trial court clearly erred when it exercised jurisdiction over the minor children
solely on the basis of educational neglect pursuant to MCL 712A.2(b)(1). In addition to
the brief, the respondent-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 petitioner-appellee shall file a
supplemental brief within 21 days of being served with the respondent-appellant’s brief.
The petitioner-appellee shall also electronically file an appendix, or in the alternative,
stipulate to the use of the appendix filed by the respondent-appellant. The lawyer-
guardian ad litem for the minor children is invited to file a supplemental brief within 21
days of being served with the respondent-appellant’s brief. A reply, if any, must be filed
by the respondent-appellant within 14 days of being served with the petitioner-appellee’s
brief. The parties should not submit mere restatements of their application papers.
2
The Legal Services Association of Michigan and the Michigan State Planning
Body for Legal Services 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.
September 23, 2020
s0916
Clerk