Order Michigan Supreme Court
Lansing, Michigan
November 4, 2009 Marilyn Kelly,
Chief Justice
139507 Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
_________________________________________ Diane M. Hathaway,
Justices
In re GENEVIEVE BROOKELYN HANSEN,
Minor.
_________________________________________
DEPARTMENT OF HUMAN SERVICES,
Petitioner-Appellee,
v SC: 139507
COA: 289903
Manistee CC Family Division:
07-000083-NA
BILLY JOE HANSEN,
Respondent-Appellant,
_________________________________________/
On order of the Court, the application for leave to appeal the July 21, 2009
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed: (1) whether the respondent’s incarceration for a
period exceeding two years was an automatic ground for termination under MCL
712A.19b(3)(h); (2) if not, whether the family court erred in finding that the respondent
failed to provide proper care and custody when the child’s mother, who herself was under
the jurisdiction of the family court and unavailable to care for the child, placed the child
with the respondent’s relative; (3) if the trial court erred in terminating the respondent’s
parental rights under MCL 712A.19b(3)(h), whether the family court may support
termination under MCL 712A.19b(3)(c)(i), when the respondent’s incarceration and
failure to provide proper care and custody were the conditions that led to the
adjudication; (4) in the event that termination was appropriate under either MCL
712A.19b(3)(h) or (c)(i), whether it was in the best interests of the child under MCL
712A.19b (5); and (5) in evaluating the impact of MCL 712A.19b(5), whether the family
court should have applied the post-amendment version of the statute. MCL 712A.19b(5),
as amended by 2008 PA 199 (effective 7/11/08).
2
We further ORDER the Manistee Circuit Court Family Division to appoint
attorney Vivek Sankaran of the University of Michigan Law School Child Advocacy
Clinic, if feasible, to represent the respondent in this Court.
WEAVER, J. (dissenting).
I would deny leave to appeal because I am not persuaded that the Court of Appeals
was clearly erroneous in its decision to affirm the trial court’s order terminating
respondent father’s parental rights, and I am not persuaded that granting leave will
achieve justice in this case.
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.
November 4, 2009 _________________________________________
s1028 Clerk