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BARRY CTY. PROBATE COURT v. MICHIGAN DEPARTMENT OF SOCIAL SERVICES

Docket No. 57273.

114 Mich. App. 312 (1982)

319 N.W.2d 571

BARRY COUNTY PROBATE COURT v. MICHIGAN DEPARTMENT OF SOCIAL SERVICES

Michigan Court of Appeals.

Decided March 18, 1982.

Attorney(s) appearing for the Case

Siegel, Hudson, Gee, Shaw & Fisher, for Barry County Probate Court.

William T. Downs, for Michigan Probate & Juvenile Court Judges Association.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Janis Meija and William Basinger, Assistants Attorney General, for defendant.

Amicus Curiae:

McGinty, Halverson, Brown & Jakubiak, P.C. (by Kenneth P. Frankland), for Michigan Federation of Private Child and Family Agencies.

Before: T.M. BURNS, P.J., and R.B. BURNS and M.J. KELLY, JJ.

M.J. KELLY, J.

Defendant, Michigan Department of Social Services, appeals a trial court's grant of declaratory relief in favor of plaintiffs Barry County Probate Court and the Michigan Probate and Juvenile Court Judges Association.

Defendant has the authority to license or otherwise evaluate child care organizations under MCL 722.111 et seq.; MSA 25.358(11) et seq. Pursuant to this authority, defendant enacted rules governing the evaluation and...

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