Order Michigan Supreme Court
Lansing, Michigan
October 30, 2008 Clifford W. Taylor,
Chief Justice
137362 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
_________________________________________ Stephen J. Markman,
Justices
In re RICHARD HUDSON, DENNIS MORGAN
and MICHAEL MORGAN, Minors.
_________________________________________
DEPARTMENT OF HUMAN SERVICES,
Petitioner-Appellant,
v SC: 137362
COA: 282765
Clinton CC Family Division:
05-018269-NA
MELANIE MORGAN,
Respondent-Appellee,
and
ANDREW TANNER,
Respondent.
_________________________________________/
On order of the Court, the application for leave to appeal the August 26, 2008
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be addressed whether: (1) the petitioner presented clear and
convincing evidence of statutory grounds for termination of the respondent-mother’s
parental rights; (2) the petitioner presented clear and convincing evidence that
termination was not contrary to the children’s best interests; (3) this Court should address
the issues raised by the respondent in the Court of Appeals; and (4) the issues raised by
the respondent in the Court of Appeals were properly decided.
We further ORDER the Clinton Circuit Court Family Division, utilizing a
procedure analogous to that described in Administrative Order 2003-03, to determine no
later than November 10, 2008, whether the respondent-appellee is indigent and, if so, to
appoint attorney Vivek S. Sankaran, of the University of Michigan Law School, Child
Advocacy Law Clinic, if feasible, to represent the respondent in this Court. If the
respondent is not indigent, she must retain her own counsel.
2
The Children’s Law Section and the Family Law Section of the State Bar of
Michigan are invited to file briefs amicus curiae. Other persons or groups interested in
the determination of the issues presented in this case may move the Court for permission
to file briefs amicus curiae.
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.
October 30, 2008 _________________________________________
s1029 Clerk
in Re hudson/morgan Minors
Combined Opinion