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In re Morris

Supreme Court of Michigan
Apr 22, 2011
489 Mich. 877 (Mich. 2011)

Opinion

No. 142759.

April 22, 2011.

Court of Appeals No. 299471


Summary Disposition April 22, 2011.

Pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we vacate that part of the Court of Appeals judgment resolving the respondent father's appeal, and we remand this case to that court for reconsideration of the respondent father's appeal in light of the confession of error by petitioner Department of Human Services regarding the failure of it and the Wayne Circuit Court, Family Division, to comply with the notice requirements of the Indian Child Welfare Act (ICWA), 25 USC 1901 et seq. See 25 USC 1912(a) and MCR 3.980 (deleted effective May 1, 2010).

See 485 Mich — REPORTER.

We retain jurisdiction. On remand, in order to expedite reconsideration of the respondent father's appeal, we direct the Court of Appeals to issue an opinion within 28 days of the date of this order, and to file a copy of that opinion with the clerk of this Court. In the event that the Court of Appeals orders the case remanded to the Wayne Circuit Court, Family Division, for further proceedings to resolve the ICWA notice violation, as requested by the petitioner, we order such remand proceedings to be stayed until after the case returns to this Court for completion of our review of the Court of Appeals' opinion. See MCR 7.302(1); 7.209(D).


Summaries of

In re Morris

Supreme Court of Michigan
Apr 22, 2011
489 Mich. 877 (Mich. 2011)
Case details for

In re Morris

Case Details

Full title:In re MORRIS

Court:Supreme Court of Michigan

Date published: Apr 22, 2011

Citations

489 Mich. 877 (Mich. 2011)
796 N.W.2d 51

Citing Cases

In re Morris

In doing so, we expressly retained jurisdiction. In re Morris, 489 Mich. 877, 796 N.W.2d 51 (2011). On…

In re Morris

On April 22, 2011, the Supreme Court vacated the part of this Court's judgment that resolved respondent's…