IN RE KH

Docket No. 122666, Calendar No. 11.

677 N.W.2d 800 (2004)

469 Mich. 621

In re KH, KL, KL, and KJ, Minors. Family Independence Agency, Petitioner-Appellee, v. Tina Jefferson, Richard Jefferson, Frederick Herron, and Larry Lagrone, Respondents-Appellants.

Supreme Court of Michigan.

Decided April 14, 2004.


Attorney(s) appearing for the Case

William Lansat, Birmingham, MI, for the guardian ad litem for the minors.

Karen Gullberg Cook, Beverly Hills, MI, for the respondent mother.

J. Douglas Otlewski, Rochester, MI, for respondent Larry Lagrone.

Abbie A. Shuman, Southfield, MI, for respondent Frederick Herron.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, David G. Gorcyca, Prosecuting Attorney, Joyce F. Todd, Chief, Appellate Division, and Anica Letica, Assistant Prosecuting Attorney, Pontiac, MI, for the Oakland County Prosecutor's Office.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Julie A. McMurtry, Assistant Attorney General, Detroit, MI, for amicus curiae the Attorney General.


YOUNG, J.

We granted leave to appeal in this case to determine whether our court rules, MCR 5.900 et seq.,1 allow a biological father to request a paternity determination during a child protective proceeding in which the subject children have a legal father. We hold that our court rules do not permit a biological father to participate in a child protective proceeding where a legal father exists. Indeed, where a legal father exists...

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