If this opinion indicates that it is “FOR PUBLICATION,” it is subject to
revision until final publication in the Michigan Appeals Reports.
STATE OF MICHIGAN
COURT OF APPEALS
UNPUBLISHED
In re McDAID, Minors. September 21, 2023
No. 364341
St. Joseph Circuit Court
Family Division
LC No. 2022-000950-NA
Before: SWARTZLE, P.J., and O’BRIEN and FEENEY, JJ.
FEENEY, J. (concurring)
I concur in the result but write separately to provide guidance on remand. Given the
testimony gleaned at the original preliminary hearing, an emergency removal hearing would be
appropriate on remand to protect HM and ZM from a substantial risk of harm to their life, physical
health or mental well-being. See In re Williams, 333 Mich App 172, 185; 958 NW2d 629 (2020),
MCR 3.965(C)(2), and MCL 712A.13a(9); see also Fletcher v Fletcher, 447 Mich 871, 889; 526
NW2d 889 (1994). Indeed, this Court’s reversal does not indicate that respondent is able to safely
care for ZM, a medically fragile child, and HM, a child whose developmental delays are best
served through Early On participation. Rather, the trial court failed to make the required factual
findings supporting the factors in MCR 3.965(C)(2) and MCL 712A.13a(9) regarding each child
after addressing and encouraging respondent at the preliminary hearing, and merely checking
boxes on a SCAO form is insufficient to permit appellate review.
/s/ Kathleen A. Feeney
-1-