IN RE GARDNER/GRIHM/HUNTER/JACKSON/ROBINSON MINORS

Court of Appeals, State of Michigan
ORDER
In re GARDNER/GRIHM/HUNTER/JACKSON/ROBINSON,
Minors.
Docket No. 375695
LC No. 2024-001426-NA
Allie Greenleaf Maldonado
Presiding Judge
Michael J. Kelly
Christopher M. Trebilcock
Judges
Respondent appeals as of right the trial court’s March 12, 2025 order granting petitioner’s, the
Department of Health and Human Services (DHHS), motion for reconsideration of a referee’s
recommendation that there was insufficient evidence to take jurisdiction of respondent’s children,
MAMG, HGG, HLH, FNJ, and JDR. For the brief reasons that follow, we REMAND to the trial court.
Following respondent’s appeal, the trial court terminated jurisdiction over respondent’s children.
(June 26, 2025 Order of Disposition). That raises a question of mootness, see In re Holbrook, 511 Mich
1097 (2023), which is a threshold issue that courts may raise sua sponte and must address before
considering the substantive issues raised in a case, see, e.g., People v Richmond, 486 Mich 29, 34-35; 782
NW2d 187 (2010). On appeal, respondent contends her appeal from the trial court’s initial order
establishing jurisdiction is not moot because there is a “collateral consequence” to that order. More
specifically, she contends, without further explanation or factual proof, that she has been placed on
DHHS’s Central Registry as a result of the June 26, 2025 adjudication. See generally MCL 722.627j;
MCL 722.622(d). But “no definitive proof was offered to this Court showing that respondent is or is not
on the Central Registry.” Holbrook, 511 Mich at 1098. Without definitive proof, there exists a possibility
that she is not on the Central Registry. As in the case of Holbrook, we must remand to the trial court to
make this initial determination. See id. at 1097-1101 (discussing the Central Registry and mootness when
a trial court terminates jurisdiction over a minor during the pendency of an appeal).
This matter is, therefore, remanded to the trial court for a hearing to determine whether respondent
will suffer collateral consequences as a result of the trial court’s initial order and whether this case is moot.
Following the hearing, the trial court shall issue a written opinion setting forth findings of fact and
conclusions of law, which shall be forwarded to the Clerk of this Court within 60 days of the date of this
order. See id. We retain jurisdiction.
_______________________________
Presiding Judge
A true copy entered and certified by Jerome W. Zimmer Jr. , Chief Clerk, on
Date

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