In re Ferranti, Minor

Summary

The Michigan Supreme Court directed oral argument on whether to grant the appellants’ application for leave to appeal or take other action in a child protective proceeding involving termination of parental rights. The Court requested supplemental briefing on collateral attacks to the initial adjudication, preservation and review standards, due process, trial-court home visits, and in-chambers interviews of children.

Questions Presented

1. Whether In re Hatcher correctly held that the collateral-attack rule bars respondent-parents from challenging the court's initial exercise of jurisdiction on appeal from an order terminating parental rights in the same proceeding.
2. If Hatcher was incorrectly decided, what standard governs review of a challenge to the initial adjudication when the respondents did not appeal the first dispositional order appealable as of right, and what steps are required to preserve alleged adjudication errors for appeal.
3. If Hatcher was correctly decided, whether due-process concerns may override the collateral-bar rule.
4. Whether a trial court may visit a respondent's home to observe its condition and, if so, what parameters govern such a visit.
5. Whether a trial court may interview a child who is the subject of child-protective proceedings in chambers and, if so, what parameters govern such an interview.

Disposition

other