807 N.W.2d 307
Mich.2012Background
- Michigan Supreme Court granted leave to appeal in a parental rights termination case involving a father (Phillips) and a separate parent (Mays).
- Court reversed the trial court’s finding of a statutory basis for termination based on new grounds and hearsay evidence.
- Trial court record relied on hearsay and failed to require legally admissible evidence under MCR 3.977(F)(1)(b).
- Court found error in failure to show best interests were supported by a complete record, including placement with maternal grandmother.
- The Court did not determine the constitutionality of the one-parent doctrine and remanded for further proceedings consistent with this order.
- Justice Markman dissented on the scope of the court’s consideration, urging addressing the constitutionality of the one-parent doctrine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was a lawful statutory basis for termination. | Mays argues grounds existed; trial court erred in finding lack of completion of classes. | Phillips argues termination was supported by evidence and proper under statute. | No statutory basis; trial court clearly erred; remanded for reconsideration. |
| Whether the best interests finding was supported by the record. | Mays contends best interests supported termination given evidence of instability. | Phillips contends best interests were not adequately considered due to record gaps. | Best interests inadequately evidenced; remand for proper consideration. |
| Whether the court should address the constitutionality of the one-parent doctrine. | Mays/Phillips: doctrine raises significant constitutional concerns needing resolution. | Phillips/others: issue not reached due to other controlled errors; not decided here. | Court did not reach, but discusses potential significance and remand. |
Key Cases Cited
- In re CR, 250 Mich App 185 (2002) (limits of required proof for termination; placement and dispositional authority)
- In re Mason, 486 Mich 142 (2010) (best interests and placement considerations in termination cases)
- Troxel v. Granville, 530 U.S. 57 (2000) (presumption of fit parental decision-making rights)
- Santosky v. Kramer, 455 U.S. 745 (1982) (parental rights protected by due process; burdens on termination)
- Hatcher, 443 Mich 426 (1993) (need to raise issues in timely fashion; preserves rights on remand)