home *** CD-ROM | disk | FTP | other *** search
- SUPREME COURT OF THE UNITED STATES
- --------
- Nos. A-64 and A-65
- --------
- JESSICA DEBOER aka BABY GIRL CLAUSEN, by
- her next friend, PETER DARROW
- A-64 v.
- ROBERTA and JAN DEBOER et al.
-
- ROBERTA and JAN DEBOER
- A-65 v.
- DANIEL SCHMIDT
- on applications for stay
- [July 26, 1993]
-
- Justice Stevens, Circuit Justice.
- Applicants in case number A-65 are residents of Wash-
- tenaw County, Michigan. On July 2, 1993, the Michigan
- Supreme Court entered an order requiring them to comply
- with custody orders that had previously been entered by
- the Michigan Court of Appeals and by the Iowa State
- Courts which had directed them to deliver a child to its
- natural parents in Iowa. They have filed an application
- with me in my capacity as Circuit Justice for the Sixth
- Circuit for a stay of enforcement of that order. Applicant
- in Case No. A-64 is the child represented by her -next
- friend,- who seeks the same relief. Because I am con-
- vinced that there is neither a reasonable probability that
- the Court will grant certiorari nor a fair prospect that, if
- it did so, it would conclude that the decision below is
- erroneous, I have decided to deny the applications.
- Respondents are the natural parents of Jessica Clausen,
- who was born in Iowa on February 8, 1991. When the
- child was 17 days old, applicants filed a petition for
- adoption in the Iowa courts. In the ensuing proceedings,
- the Iowa courts determined that the parental rights of the
- child's biological father had not been terminated in
- accordance with Iowa law and that therefore applicants
- were not entitled to adopt the child. For reasons that
- have been stated at length in opinions of the Iowa Su-
- preme Court, the Michigan Court of Appeals, and the
- Michigan Supreme Court, those determinations control the
- ultimate outcome of this proceeding. Applicants' claim
- that Jessica's best interests will be served by allowing
- them to retain custody of her rests, in part, on the
- relationship that they have been able to develop with the
- child after it became clear that they were not entitled to
- adopt her. Neither Iowa law, Michigan law, nor federal
- law authorizes unrelated persons to retain custody of a
- child whose natural parents have not been found to be
- unfit simply because they may be better able to provide
- for her future and her education. As the Iowa Supreme
- Court stated: -[C]ourts are not free to take children from
- parents simply by deciding another home appears more
- advantageous.- In re B.G.C., 496 N. W. 2d 239, 241
- (1992) (internal quotation marks and citation omitted).
- My examination of the opinions in the case persuade me
- that there is no valid federal objection to the conduct or
- the outcome of the proceedings in the Iowa courts.
- Indeed, although applicants applied to Justice Blackmun
- in his capacity as Justice for the Eighth Circuit for a stay
- of enforcement of the judgment entered by the Iowa
- Supreme Court on September 23, 1992, they did not seek
- review of that judgment after he had denied the stay
- application. Rather than comply with the Iowa judgment,
- applicants sought a modification of that judgment in the
- Michigan courts. In my opinion, the Michigan Supreme
- Court correctly concluded that the Michigan courts are
- obligated to give effect to the Iowa proceedings. The
- carefully crafted opinion of the Michigan Supreme Court
- contains a comprehensive and thoughtful explanation of
- the governing rules of law. Accordingly, the stay applica-
- tions will be denied.
- It is so ordered.
-