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STATE OF MICHIGAN
COURT OF APPEALS

In the Matter of DIONTATE THOMAS PHIFER, JR., DAMION DARNELL PHIFER, DE'AARION MALACHI PHIFER, Minors.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellee, v KENDREA E. ZAMORA, Respondent-Appellant, and DIONTATE THOMAS PHIFER, Respondent.

UNPUBLISHED December 13, 2007

No. 277429 Genesee Circuit Court Family Division LC No. 05-120122-NA

Before: Whitbeck, C.J., and White and Zahra, JJ. PER CURIAM. Respondent-Appellant Kendrea E. Zamora (respondent) appeals as of right from an order terminating her parental rights to the minor children under MCL 712A.19b(3)(g) and (j). We reverse and remand. Respondent first argues that the ultimate termination decision was improperly delegated to a referee, contrary to MCL 712A.10(1) and MCR 3.913(A)(1). We disagree. Questions of statutory interpretation are reviewed de novo. In re SR, 229 Mich App 310, 314; 581 NW2d 291 (1998). MCL 712A.10(1) authorizes a judge to designate a referee to hear testimony and prepare a report summarizing the testimony and to make a recommendation for the court's findings and disposition. But as this Court observed in In re AMB, 248 Mich App 144, 217; 640 NW2d 262 (2001), "neither the court rules nor any statute permits a hearing referee to enter an order for any purpose."

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In this case, as in In re AMB, the judge's "signature on the order is plainly from a rubber stamp, not handwritten." Id. at 218. Unlike In re AMB, however, the referee did not refer to herself as the court or speak of her right to make a decision. Rather, she stated that she would "recommend to Judge Weiss" that respondent's parental rights be terminated, thereby indicating that she plainly understood that judge, not she, was making the ultimate decision in the case. Also unlike In re AMB, there are no record statements by the judge tending to indicate that he failed to review the referee's findings and recommendations until after the order was entered. Additionally, contrary to what respondent argues, the order of termination prepared by the referee contains a recommendation and also contains in

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