Opinion
SC: 165740 COA: 362195
08-11-2023
IN RE J. THORNHILL, Minor.
Order
On order of the Court, the application for leave to appeal the April 27, 2023 judgment of the Court of Appeals is considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and the June 24, 2022 order of the Washtenaw Circuit Court dismissing the petition of Department of Health and Human Services (DHHS) for lack of jurisdiction, and REMAND this case to the circuit court to communicate with the Florida courts under MCL 722.1204(4).
As noted by the Court of Appeals, the circuit court was required by MCL 722.1204(4) to "immediately communicate with" the Florida courts after DHHS asked the court to exercise temporary emergency jurisdiction over the minor child. "The purpose of a communication under this subsection is to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order [under MCL 722.1204(3) ]." The circuit court's failure to do so was a legal error and therefore constituted an abuse of discretion.
The circuit court's failure to comply with this mandate was not harmless. Because the circuit court failed to make the required communication with Florida courts before declining to exercise jurisdiction, it did not know whether the emergency was over or ongoing. It did not know (and it is not clear from the current appellate record) whether Florida courts intend to exercise jurisdiction over the minor child in light of the abuse in Michigan or whether they believe that Michigan is the more appropriate forum for any proceedings. See MCL 722.1204(3) ; MCL 722.1206(1) ; MCL 722.1207. Thus, the circuit court's decision to decline to exercise jurisdiction was premature because the court lacked sufficient knowledge to make a meaningful determination as to whether to exercise emergency jurisdiction in light of the abuse in Michigan.
We do not retain jurisdiction.
Zahra, J., would deny leave to appeal.