Department of Human Services v. Filbrandt

Michigan Supreme Court

Department of Human Services v. Filbrandt

765 N.W.2d 613, 483 Mich. 1031

CourtMichigan Supreme Court

DecidedJune 3, 2009

Docket138312

StatusPublished

Cited by1 cases

This text of 765 N.W.2d 613 (Department of Human Services v. Filbrandt) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Department of Human Services v. Filbrandt, 765 N.W.2d 613, 483 Mich. 1031 (Mich. 2009).

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Opinion

Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we reverse the judgment of the Court of Appeals, and we reinstate the May 15, 2008, order of the Kalkaska Circuit Court, Family Division, terminating the respondent-mother’s parental rights to the minor children. The Court of Appeals misapplied the clear error standard by substituting its judgment for that of the trial court, MCR 2.613(C), In re Miller, 433 Mich 331 (1989), and rendered a decision that was contrary to the clear and convincing evidence supporting termination of the respondent-mother’s parental rights pursuant to MCL 712A.19b(3)(b)(ii) and (j). We remand this case to the Kalkaska Circuit Court, Family Division, for further proceedings not inconsistent with this order. We do not retain jurisdiction. Court of Appeals No. 285683.

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Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we reverse the judgment of the Court of Appeals, and we reinstate the May 15, 2008, order of the Kalkaska Circuit Court, Family Division, terminating the respondent-mother’s parental rights to the minor children. The Court of Appeals misapplied the clear error standard by substituting its judgment for that of the trial court, MCR 2.613(C), In re Miller, 433 Mich 331 (1989), and rendered a decision that was contrary to the clear and convincing evidence supporting termination of the respondent-mother’s parental rights pursuant to MCL 712A.19b(3)(b)(ii) and (j). We remand this case to the Kalkaska Circuit Court, Family Division, for further proceedings not inconsistent with this order. We do not retain jurisdiction. Court of Appeals No. 285683.

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Bluebook (online)

765 N.W.2d 613, 483 Mich. 1031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-human-services-v-filbrandt-mich-2009.

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