Order Michigan Supreme Court
Lansing, Michigan
May 12, 2010 Marilyn Kelly,
Chief Justice
140841 Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
In re CW, BW, and DW, Minors. Stephen J. Markman
_________________________________________/ Diane M. Hathaway,
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.
_________________________________________/
On order of the Court, the application for leave to appeal the February 16, 2010
judgment of the Court of Appeals is considered. We DIRECT respondent Department of
Human Services to answer the application for leave to appeal within 28 days after the
date of this order. We further invite the children’s lawyer-guardian ad litem, Terina M.
Carte, to answer the application for leave to appeal within the same time period.
The application for leave to appeal remains pending.
CORRIGAN, J. (concurring).
I concur in this Court’s order directing respondent Department of Human Services
to answer the application for leave to appeal. I would further direct the Department of
Human Services to include in its response answers to the following questions: (1)
whether and under what circumstances a decision of the Michigan Children’s Institute
Superintendent may be deemed arbitrary and capricious because the Superintendent
relied on evidence that he knew or should have known was substantially incomplete or
inaccurate; (2) whether the Superintendent relied on such evidence here, particularly
given that he relied heavily on opinions of Department of Human Services staff, some of
2
whom had adversarial interactions with the petitioners in the past, and given that the
children’s lawyer-guardian ad litem expressly favored adoption by the petitioners; (3)
whether any evidence supported the Superintendent’s conclusion that the petitioners’
“ability to meet the developmental needs of these children was inadequate”; and (4)
whether the Superintendent erred by failing to consider that the children’s older sister is
placed with the petitioners, see MCL 710.22(g)(x) and 42 USC 671(a)(31)(A), and if so,
what effect such an error has on the validity of his decision.
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.
May 12, 2010 _________________________________________
d0511 Clerk