Order Michigan Supreme Court
Lansing, Michigan
May 21, 2021 Bridget M. McCormack,
Chief Justice
162710 Brian K. Zahra
David F. Viviano
Richard H. Bernstein
Elizabeth T. Clement
Megan K. Cavanagh
In re A. S-K. SIMONETTA, Minor. SC: 162710 Elizabeth M. Welch,
COA: 354081 Justices
St Clair CC Family Division:
19-000333-NA
_________________________________________/
On order of the Court, the application for leave to appeal the February 18, 2021
judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu
of granting leave to appeal, we VACATE that part of the Court of Appeals opinion holding
that the trial court made the requisite judicial determination that the respondent subjected
AS to the circumstances provided for in MCL 722.638(1) and (2), and satisfied the
requirements of MCR 3.977(E) necessary to terminate the respondent’s parental rights
without requiring reasonable efforts at reunification. We REVERSE the St. Clair Circuit
Court’s March 10, 2020 order terminating the respondent’s parental rights and we
REMAND this case to that court. Reasonable efforts to reunify the child and family must
be made in all cases except those involving the circumstances delineated in MCL
712A.19a(2). In re Mason, 486 Mich 142, 152 (2010). On remand, the circuit court shall
either order that the petitioner provide reasonable services to the respondent, or articulate
a factual finding based on clear and convincing evidence that aggravated circumstances
exist such that services are not required. The proceedings on remand are limited to these
issues. The trial court shall decide the issues on remand within 56 days of this order.
We do not retain jurisdiction.
ZAHRA and VIVIANO, JJ., would deny leave to appeal.
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 21, 2021
b0518
Clerk