P. v. Kent County Probate Judge

The plaintiffs have applied for leave to appeal from the decision of the probate court that they are not entitled to support subsidy payments for their children. We conclude that a Michigan Department of Social Services letter was improperly considered by the court as creating prerequisites to the award of a subsidy. We therefore remand to the probate court for further proceedings regarding the plaintiffs’ eligibility for support subsidy.

I

On December 15, 1975 the plaintiffs petitioned the Kent County Probate Court to adopt two brothers who were then five and six years old. They had been in…