Opinion
SC: 162710 COA: 354081
05-21-2021
IN RE A. S-K. SIMONETTA, Minor.
Order
On order of the Court, the application for leave to appeal the February 18, 2021 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 that part of the Court of Appeals opinion holding that the trial court made the requisite judicial determination that the respondent subjected AS to the circumstances provided for in MCL 722.638(1) and (2), and satisfied the requirements of MCR 3.977(E) necessary to terminate the respondent's parental rights without requiring reasonable efforts at reunification. We REVERSE the St. Clair Circuit Court's March 10, 2020 order terminating the respondent's parental rights and we REMAND this case to that court. Reasonable efforts to reunify the child and family must be made in all cases except those involving the circumstances delineated in MCL 712A.19a(2). In re Mason , 486 Mich. 142, 152, 782 N.W.2d 747 (2010). On remand, the circuit court shall either order that the petitioner provide reasonable services to the respondent, or articulate a factual finding based on clear and convincing evidence that aggravated circumstances exist such that services are not required. The proceedings on remand are limited to these issues. The trial court shall decide the issues on remand within 56 days of this order.
We do not retain jurisdiction.
Zahra and Viviano, JJ., would deny leave to appeal.