IN RE TIFFANIE; STEPHANIE AND VANESSA SHERWOOD;MINORS
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of TIFFANIE SHERWOOD,
STEPHANIE SHERWOOD and VANESSA
SHERWOOD, Minors.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
October 16, 1998
Petitioner-Appellee,
v
No. 205509
Marquette Juvenile Court
LC No. 95-004880 NA
ELIZABETH SHERWOOD,
Respondent-Appellant,
and
MICHAEL SHERWOOD,
Respondent.
Before: Saad, P.J., and Hood and Gribbs, JJ.
PER CURIAM.
Respondent-appellant's parental rights to her minor children were terminated pursuant to MCL
712.19b(3)(b)(ii), (c)(ii), (g) and (j); MSA 28.3178(598.19b)(3)(b)(ii), (c)(ii), (g) and (j). She appeals
as of right, and we affirm.1
Respondent-appellant argues that the trial court’s consideration of evidence that would not have
been admissible at a trial, as authorized by MCR 5.974(F)(2), violated her right to due process; and
further, that MCR 5.974 violates her equal protection rights to the extent that it allows the consideration
of inadmissible evidence only when the child at issue is in foster care. Respondent-appellant also argues
that the trial court’s reliance on one of the children’s out-of-court statements concerning abuse, without
evaluating the statements for trustworthiness, violated her rights to due process and confrontation.
-1
Because each of these arguments is premised on the trial court’s consideration of allegedly inadmissible
evidence, they can only apply to the court’s findings concerning §§ 19b(3)(b)(ii), (g) and (j). When
determining that there was sufficient evidence to find that termination was warranted on those grounds,
the trial court relied on evidence that may not have been admissible at a trial. With respect to §
19b(3)(c)(ii), however, the trial court expressly indicated that there was sufficient legally admissible
evidence to establish the allegation. It based its conclusion on the legally admissible evidence.
Respondent-appellant has not advanced an argument that would provide a basis for overturning the trial
court’s decision with respect to this statutory ground. Because only one statutory ground is required in
order to terminate parental rights, In re McIntyre, 192 Mich App 47, 50; 480 NW2d 293 (1991), it is
unnecessary to address respondent-appellant’s arguments that termination on the other grounds violated
her constitutional rights. This Court does not render advisory opinions on issues unnecessary to the
disposition of the case. People v Wilcox, 183 Mich App 616, 620; 456 NW2d 421 (1990); People v
Turner, 123 Mich App 600, 603-604; 332 NW2d 626 (1983). Moreover, courts will not and should
not decide constitutional issues, which are not necessary to resolve a case. Booth Newspapers v Univ
of Michigan Bd of Regents, 444 Mich 211, 234; 507 NW2d 422 (1993).
Respondent-appellant next asserts that she should have been entitled to a jury trial, contrary to
MCR 5.974(A)(3), which states that there is no right to a jury determination. She claims that a parent
has a constitutional right to a jury trial at a proceeding to terminate parental rights. Respondent
appellant never requested a jury trial at the dispositional phase of the termination proceeding and never
asserted that she had a constitutional right to a jury trial. The trial court therefore did not rule on this
issue. It is not preserved for appeal, and we will not render an opinion on the hypothetical issue of
whether respondent-appellant would have had a constitutional right to a jury trial if she had requested
one.2 Adam v Sylvan Glynn Golf Course, 197 Mich App 95, 98; 494 NW2d 791 (1992); Wilcox,
supra; Booth Newspapers, supra.
Finally, respondent-appellant argues that she was denied the effective assistance of counsel.
We disagree. Respondent-appellant’s counsel litigated the case in accordance with existing court rules
and case law. Counsel did not perform below an objective standard of reasonableness by failing to
raise novel challenges to the constitutionality of the established procedures for termination of parental
rights. People v Mitchell, 454 Mich 145, 157-158; 560 NW2d 600 (1997); In re Simon, 171 Mich
App 443, 447; 431 NW2d 71 (1988).
Affirmed.
/s/ Henry William Saad
/s/ Harold Hood
/s/ Roman S. Gribbs
1
It is unclear from the trial court’s opinion whether grounds for termination were also found under
subsection (c)(i). In light of our disposition of this appeal, we find it unnecessary to resolve this issue.
2
We note that respondent-appellant specifically waived her right to a jury trial at the adjudicatory stage
of the termination proceedings.
-2
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