Department of Human Services v. Filbrandt

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

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.