In Re Bailey

Although I agree with the decision of the majority insofar as it holds that the probate court proceeded under the inappropriate section of the statute, I respectfully disagree with their conclusion that the error can be deemed harmless.

Daphne Bailey was born on May 2, 1981. The order permanently terminating parental rights was entered less than one year later, on April 29, 1982. The statutory provision on which the majority relies provides the following:

"Where a child remains in foster care in the temporary custody of the court following the initial hearing provided by section 19, the court…