IN RE THOMPSON MINORS

Court of Appeals, State of Michigan
ORDER
IN RE THOMPSON MINORS
Docket No. 380445
LC No. 23-000183-NA
Allie Greenleaf Maldonado
Presiding Judge
Christopher M. Trebilcock
Mariam S. Bazzi
Judges
The motion to waive fees is GRANTED for this case only.
The motion for immediate consideration is GRANTED.
Pursuant to MCR 7.205(E)(2), the trial court’s April 17, 2026 order is REVERSED IN
PART, and the matter REMANDED for further proceedings consistent with this order. Consistent with
MCR 3.972(B)(2) and this Court’s decision in In re Decrosta, unpublished per curiam opinion of the Court
of Appeals, issued October 12, 2017 (Docket No. 337558), respondents each waived reading of the petition
at the upcoming adjudication trial. The trial court agreed to waive reading of the petition but nonetheless
held that the jury would be provided the petition during deliberations as part of the jury instructions. There
is no authority allowing the petition to be provided to the jury in such a manner. To do so would circumvent
MCR 3.972(B)(2) and the Rules of Evidence. The jury also does not need to read the entire petition to make
its decisions in this case. The jury’s task will be to hear evidence admitted at trial and then, with the benefit
of the trial court’s instructions regarding the statutory bases for jurisdiction at issue, other appropriate
instructions, and the parties’ arguments, determine whether at least one statutory ground to exercise
jurisdiction has been established. In re Sanders, 495 Mich 394, 405; 852 NW2d 524 (2014). The jury may
do so without having the entire petition before it. Accordingly, the petition shall not be provided to the jury
as part of the jury instructions. That portion of the trial court’s order is reversed. In all other respects, the
application for leave to appeal is DENIED for failure to persuade the Court of the need for immediate
appellate review.
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.
_______________________________
Presiding Judge

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Trebilcock, J., would deny leave to appeal for failure to persuade the Court of the need for immediate
appellate review.

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