Order Michigan Supreme Court
Lansing, Michigan
June 25, 2010 Marilyn Kelly,
Chief Justice
139507 Michael F. Cavanagh
Elizabeth A. Weaver
_________________________________________ Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
In re GENEVIEVE BROOKELYN HANSEN, Diane M. Hathaway,
Minor. Justices
_________________________________________
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, leave to appeal having been granted and the briefs and oral
arguments of the parties having been considered by the Court, we hereby VACATE the
July 21, 2009 judgment of the Court of Appeals, and we REMAND this case to the
Manistee Circuit Court Family Division for reconsideration of its decision to terminate
the respondent’s parental rights in light of In re Mason, 486 Mich ___ (2010) (Docket
No. 139795, decided May 26, 2010).
We do not retain jurisdiction.
WEAVER, J. (dissenting).
I dissent from the majority’s decision to vacate the judgment of the Court of
Appeals and to remand this case to the trial court for reconsideration in light of In re
Mason, 486 Mich ___ (2010) (Docket No. 139795, decided May 26, 2010). I continue
to believe that In re Mason was wrongly decided and even if that case was not wrongly
decided, it does not apply to the different facts in this case in which leave was
improvidently granted. I would deny leave and allow the decision by the Court of
Appeals terminating the respondent’s parental rights to stand.
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.
June 25, 2010 _________________________________________
0622 Clerk