Opinion
363388
06-15-2023
IN RE A. K. DIXON, MINOR
LC No. 21-137495-NA
Colleen A. O'Brien Allie Greenleaf Maldonado Judges
ORDER
ELIZABETH L. GLEICHER PRESIDING JUDGE
Respondent's motion for reconsideration is GRANTED in part and DENIED in part, and this Court's opinion issued on April 20, is hereby VACATED. A new opinion is attached to this order.
Respondent contends that this Court should "revers[e] the trial court's order authorizing the petition," asserting that the trial court identified an inapplicable ground for taking jurisdiction. Respondent did not appeal the trial court's acquisition of jurisdiction, however. The order from which respondent appealed addressed only the "removal" of the child. Respondent did not claim an appeal from the initial order of disposition following the adjudication. See MCR 3.993(A).
Because respondent did not claim an appeal or otherwise challenge the adjudication or the initial dispositional order, the majority erred by addressing the propriety of the adjudicatory decision in its initial opinion. The new opinion attached to this order eliminates the Court's references to the adjudication. To the extent that respondent seeks reconsideration based on this Court's holding or findings regarding the adjudication, respondent's motion for reconsideration is GRANTED.
Respondent also seeks reconsideration based on the trial court's alleged failure to consider "actual evidence" provided by the DHHS regarding the fitness of respondent's proposed placement. As a majority of this Court previously determined, the evidence submitted by the DHHS included a home study which revealed serious concerns regarding the fitness of the proposed placement. This evidence sufficed to prevent placement of the child in the home respondent proposed. Similarly, respondent's additional arguments in support of reconsideration do not demonstrate "a palpable error by which the court and the parties have been misled," or that "a different disposition of the motion must result[.]" MCR 7.215(I)(1); MCR 2.119(F)(3). Accordingly, other than regarding the Court's references to the adjudicatory decision, respondent's motion for reconsideration is DENIED.
The motion of the Children's Law Section of the State Bar of Michigan for leave to join as amicus curiae in support of respondent-father's motion for reconsideration is GRANTED.
Maldonado, J., would GRANT the motion in whole.