Opinion
SC: 164519 COA: 358180
11-04-2022
IN RE BAIRD/WHITE, Minors.
Order
On order of the Court, the application for leave to appeal the May 19, 2022 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE Part III.B of the judgment of the Court of Appeals addressing the respondent-mother's claim of ineffective assistance of trial counsel. We REMAND this case to the Court of Appeals which, while retaining jurisdiction, shall remand this case to the Roscommon Circuit Court to allow the respondent-mother to discover AW's medical records and to conduct an evidentiary hearing pursuant to People v Ginther , 390 Mich. 436, 212 N.W.2d 922 (1973). At the conclusion of the hearing, the circuit court shall forward the record and its findings to the Court of Appeals, which shall address the issues presented by the respondent-mother. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should now be reviewed by this Court.
We do not retain jurisdiction.
Zahra and Viviano, JJ., would deny leave to appeal.