Opinion
368462
11-06-2023
In re DSW Minor
LC No. 2019-875080-DL
Mark J. Cavanagh, Presiding Judge, Deborah A. Servitto, Elizabeth L. Gleicher, Judges.
ORDER
The motion for immediate consideration is GRANTED.
The motion for stay pending appeal is DENIED.
Pursuant to MCR 7.205(E)(2), in lieu of granting the application for leave to appeal, the Court VACATES the November 3, 2023 order of the Oakland County Circuit Court and REMANDS to the trial court with instructions to provide respondent with discovery as mandated by MCR 3.922(B)(4). The trial court erred by merely allowing respondent's attorney to inspect documents via a computer workstation at the Deputy Register's Office. Instead, under MCR 3.922(B)(4), both respondent and his attorney must actually be provided with the documents. On remand, the trial court shall provide respondent, respondent's counsel, and the prosecuting attorney with the documents requested by respondent, including all incident reports from Children's Village; Caseworker/Social History Reports; the Out of Home Screening Report; and any and all other reports that were used in the assessment for making the recommendation for disposition. These documents shall be provided no less than seven days before respondent's delinquency disposition hearing. See MCR 3.922(B)(4).
This order has immediate effect. MCR 7.215(F)(2).
The Court does not retain jurisdiction.