Opinion
366676 366677
04-11-2024
IN RE TAYLOR MINORS
LC Nos. 2018-002014-NA; 2022-001876-NA
Michael J. Riordan Presiding Judge Thomas C. Cameron Allie Greenleaf Maldonado Judges.
ORDER
Michael J. Riordan Presiding Judge
The motions for protective order for release of Kids Talk DVD containing video-recorded statements is GRANTED. The Michigan Department of Health and Human Services SHALL RELEASE the DVD for transmission to the Clerk of this Court under the following protective procedures:
1. The DVD will be hand-delivered to the Court of Appeals by a representative of the Attorney General of the State of Michigan, Child and Youth Services Division.
2. The Court of Appeals will maintain exclusive custody of, and control over the DVD until the resolution of the appeal before the Court.
3. While in the possession of the Court of Appeals, the DVD will be stored in a separate locked file or other secured location to ensure confidentiality.
4. The content of the DVD shall not be recorded or livestreamed by anyone viewing the DVD.
5. If the DVD becomes part of the Court of Appeals record, that portion of the record shall be sealed.
6. Only the Court of Appeals judges and necessary support staff, the LGAL, counsel for the DHHS, and/or counsel for respondent shall be permitted to view and/or listen to the child's recorded statement, regardless of the electronic media used to record and preserve the statement. Counsel for the parties are permitted to view the electronic media with their clients, but counsel must remain present during the viewing. A party may never view the media without the presence of his or her counsel. See MCL 712A.17b(7).
7. Once the Court of Appeals panel has completed its review of the DVD, the DVD shall be immediately returned to the custodian of the DVD, the Attorney General of the State of Michigan, Children and Youth Services Division.
8. This order has immediate effect.