Order Michigan Supreme Court
Lansing, Michigan
March 23, 2011 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Marilyn Kelly
140841 & (58) Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
In re CW, BW, and DW, Minors. Brian K. Zahra,
_________________________________________/ Justices
CW, BW, and DW,
Appellees,
and
VALERIU MARTIN and KAREN MARTIN,
Petitioners-Appellants,
v SC: 140841
COA: 292866
Genesee CC Family Division:
DEPARTMENT OF HUMAN SERVICES, 09-016660-AM
Respondent-Appellee.
_________________________________________/
By order of November 19, 2010, while retaining jurisdiction, we remanded this
case to the Genesee Circuit Court, Family Division, for further proceedings. On order of
the Court, the circuit court having conducted an evidentiary hearing pursuant to MCL
710.45(2) and having issued its opinion and order on January 20, 2011, we now AFFIRM
the circuit court’s decision. The circuit court did not clearly err in holding that the
petitioners had not shown by clear and convincing evidence that the decision of the
Superintendent of the Michigan Children’s Institute to withhold consent to the petitioners
to adopt the minor children was arbitrary and capricious.
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.
March 23, 2011 _________________________________________
d0316 Clerk