Opinion
No. 134801.
November 2, 2007.
Court of Appeals No. 275064.
Summary Dispositions November 2, 2007:
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 November 21, 2006, opinion, and November 27, 2006, order of the Oakland Circuit Court, Family Division, terminating 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), failed to acknowledge that the applicable statutes and court rules do not require efforts for reunification or provision of services under the circumstances of this case, see, e.g., MCL 722.638(1)(a)(ii) and (2); MCL 712A.19a(2)(b); MCR 3.965(D)(2), and rendered a decision that was contrary to the clear and convincing evidence supporting the statutory grounds for termination and the best interests of the minor children, MCR 3.977(J); In re Trejo Minors, 462 Mich 341 (2000). We remand this case to the Oakland Circuit Court, Family Division, for further proceedings not inconsistent with this order. We do not retain jurisdiction.