Order Michigan Supreme Court
Lansing, Michigan
April 22, 2011 Robert P. Young, Jr.,
Chief Justice
142759 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
SC: 142759 Brian K. Zahra,
In re C.I. MORRIS, Minor. COA: 299471 Justices
Wayne CC Family Division:
08-483987
_________________________________________/
On order of the Court, the application for leave to appeal the February 17, 2011
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in
lieu of granting leave to appeal, we VACATE that part of the Court of Appeals judgment
resolving the respondent father’s appeal, and we REMAND this case to that court for
reconsideration of the respondent father’s appeal in light of the confession of error by
petitioner Department of Human Services regarding the failure of it and the Wayne
Circuit Court, Family Division, to comply with the notice requirements of the Indian
Child Welfare Act (ICWA), 25 USC 1901 et seq. See 25 USC 1912(a) and MCR 3.980
[deleted effective 5/1/2010].
We retain jurisdiction. On remand, in order to expedite reconsideration of the
respondent father’s appeal, we DIRECT the Court of Appeals to issue an opinion within
28 days of the date of this order, and to file a copy of that opinion with the Clerk of this
Court. In the event that the Court of Appeals orders the case remanded to the Wayne
Circuit Court, Family Division, for further proceedings to resolve the ICWA notice
violation, as requested by the petitioner, we ORDER such remand proceedings to be
stayed until after the case returns to this Court for completion of our review of the Court
of Appeals opinion. See MCR 7.302(I); 7.209(D).
I, Corbin R. Davis, 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.
April 22, 2011 _________________________________________
y0419 Clerk