IN RE CHARITY DOMINIQUE HODGES MINOR
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of CHARITY D. HODGES, Minor.
MICHELLE HODGES,
UNPUBLISHED
May 2, 2000
Petitioner-Appellee,
v
No. 211745
Wayne Circuit Court
Family Division
LC No. 97-362202
MARY JANE HODGES,
Respondent-Appellant,
and
JIMMIE PETTIS,
Respondent.
Before: Cavanagh, P.J., and Sawyer and Zahra, JJ.
PER CURIAM.
Respondent Mary Jane Hodges appeals as of right from an order terminating her parental rights
to the minor child under MCL 712A.19b(3)(f); MSA 27.3178(598.19b)(3)(f). We reverse and
remand for further proceedings.
We conclude that clear legal error, mandating reversal, occurred because the court failed to
comply with MCR 5.915(B)(1). In re Keifer, 159 Mich App 288, 293-294; 406 NW2d 217 (1987).
Respondent was not represented by counsel at the termination proceedings and there is no indication in
the record that she ever waived her right to counsel. Indeed, there is no indication that respondent was
ever advised of her right to counsel in accordance with the above court rule. Accordingly we conclude
that respondent was deprived of her right to counsel. Therefore, the order terminating respondent’s
parental rights is reversed and the case is remanded so that a new hearing may be conducted, at which
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respondent shall be afforded the opportunity to be represented by court-appointed counsel. In re
Keifer, supra.
In light of our disposition of the foregoing issue, we need not consider the remaining issues on
appeal.
Reversed and remanded. We do not retain jurisdiction.
/s/ Mark J. Cavanagh
/s/ David H. Sawyer
/s/ Brian K. Zahra
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