Department of Human Services v. Carrie Smyth

Summary

The Michigan Supreme Court denied leave to appeal in a child-protection case involving termination of a mother's parental rights to three children. Justice Corrigan, joined by Justice Cavanagh, dissented and would have granted review to address the quantum of proof required for determining whether termination is in a child's best interests under MCL 712A.19b(5).

Questions Presented

1. Whether the Michigan Supreme Court should grant leave to review the termination of respondent's parental rights.
2. Whether Michigan law requires the prosecution to establish by clear and convincing evidence that termination of parental rights is in a child's best interests under MCL 712A.19b(5), when the statute does not expressly specify the applicable quantum of proof.

Disposition

writ_denied