Involuntary dismissal of a hearing tried without a jury; MCR 2.504(B)(2); In re ASF; Marderosian v. Stroh Brewery Co.; A family court’s review of the superintendent’s decision to withhold consent to adopt a state ward; MCL 710.45; In re Keast

The court held that the trial court did not err in dismissing the petitioner’s adoption request. The superintendent denied petitioner’s request to adopt the child rather than the child’s guardian with whom the child had lived with for the prior three years. The trial court affirmed, noting it could not find by clear and convincing evidence that the superintendent’s decision was arbitrary and capricious. It observed that the child had been in her guardian’s care more than three years, that there was no evidence that the guardian had been abusive or neglectful, and that petitioner did not dispute findings as to the child’s absences from school during the guardianship, the impact of petitioner’s health issues on caring for the child, and her financial situation. Further, the superintendent “testified that an investigation was undertaken into petitioner’s complaints about the care” the guardian was providing, but that the complaints were unsubstantiated. “In light of the length of time [the child] had resided with her guardian and the possible impact petitioner’s health and finances could have on petitioner’s ability to care for [her], the trial court’s decision that the [superintendent’s] decision to withhold consent for adoption was not arbitrary and capricious.” Affirmed.