IN RE TKLM MINOR
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of TKLM, Minor.
ROBIN BALLARD,
UNPUBLISHED
August 19, 2010
Petitioner-Appellant,
v
No. 298067
Genesee Probate Court
LC No. 10-016859-AM
DEPARTMENT OF HUMAN SERVICES,
Respondent-Appellee,
and
TKLM, Minor,
Appellee.
Before: WILDER, P.J., AND CAVANAGH AND SAAD, JJ.
WILDER, P.J. (concurring).
I concur in the result in this case, but write separately to state that the position of the
Attorney General’s office, not to oppose a remand for a hearing pursuant to MCL 710.45
(Section 45 hearing), is in my view commendable. The Attorney General’s office makes clear in
its briefing that the Michigan Children’s Institute Superintendent had a telephone communication
with petitioner, in which the Superintendent informally but definitively declined to consent to her
request for adoption. As the Attorney General’s office suggests, the Superintendent should
either have refused to engage in the oral and informal communication, perhaps prompting
petitioner to file a formal request under MCL 710.45, or he should have committed to writing a
record of the ultimate decision from the conversation in the form of an order denying her request.
Thus, while it is accurate that, within the meaning and requirements of MCL 710.45, petitioner
did not attempt to obtain consent and the MCI Superintendent did not deny petitioner’s request
for consent, and that, therefore, this Court must affirm, the Superintendent’s role in the result we
here reach is not a proud chapter for the MCI.
/s/ Kurtis T. Wilder
-1-
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