Order Michigan Supreme Court
Lansing, Michigan
December 3, 2009 Marilyn Kelly,
Chief Justice
Michael F. Cavanagh
Elizabeth A. Weaver
139795 Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
Diane M. Hathaway,
In re JADEN C. MASON and CAMERON Justices
A. MASON, Minors.
________________________________________/
DEPARTMENT OF HUMAN SERVICES,
Petitioner-Appellee,
v SC: 139795
COA: 290637
Macomb Circuit Court Family
RICHARD MASON, Division: 2007-000409-NA;
Respondent-Appellant, 2007-000410-NA
and
CLARISSA SMITH,
Respondent.
_________________________________________/
On order of the Court, the application for leave to appeal the September 15, 2009
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other peremptory action. MCR
7.302(H)(1). At oral argument, the parties shall address whether, under the particular
circumstances of this case, the Macomb Circuit Court, Family Division, clearly erred in
terminating the respondent-father’s parental rights pursuant to MCL 712A.19b(3)(c)(i),
(g), (h), and (j), where the Department of Human Services failed to maintain contact with
the respondent-father throughout the proceedings, failed to ensure his appearance at all
court hearings (see MCR 2.004), and failed to provide him with an opportunity to comply
with a parent-agency agreement tailored to his circumstances. See In re Rood, 483 Mich
73 (2009). The parties may file supplemental briefs within 28 days of the date of this
order, but they should not submit mere restatements of their application papers.
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.
December 3, 2009 _________________________________________
d1202 Clerk