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Keywords

jurisdictiontrialtestimonydomestic violenceaggravating circumstancesrespondent
jurisdictionappealhearingtrialtestimonyleaseaggravating circumstancesrespondent

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In re Demille, Not Reported in N.W. Rptr., 2024 WL 1945607

Facts

The trial court acquired jurisdiction over LD after a petition for temporary custody was authorized due to neglect and an unfit home environment. Respondent was later identified as LD's biological father through DNA testing, leading to a supplemental petition for permanent custody. The court found that respondent had significant issues including substance abuse, domestic violence, and a criminal history, and he failed to engage in any services offered by the Michigan Department of Health and Human Services (DHHS). Despite the lack of testimony regarding LD's best interests, the court noted LD was thriving in foster care.

The trial court acquired jurisdiction over LD following the authorization of a Michigan Department of Health and Human Services's (DHHS) petition for temporary custody under MCL 712A.2(b)(1) (failure to provide proper care and custody due to neglect or abandonment), and (b)(2) (unfit home environment due to neglect).

Issue

Did the trial court err in terminating respondent's parental rights and in determining that reasonable efforts were made to reunify him with LD?

Respondent now appeals, and argues that the trial court failed to make reasonable efforts to reunify him with LD under MCL 712A.19a(2) because it failed to accommodate his learning disability and failed to provide him with enough flexibility for him to complete his service plan.

Rule

Under MCL 712A.19a(2), reasonable efforts must be made to reunify a child with their family before seeking termination of parental rights, unless aggravating circumstances exist. Additionally, the court must find that termination is in the child's best interests by a preponderance of the evidence.

Under MCL 712A.19a(2), absent aggravating circumstances, reasonable efforts must be made to reunify a child with his family before DHHS seeks termination of parental rights.

Analysis

The court applied the statutory grounds for termination, finding that respondent's failure to engage in services and his ongoing issues with substance abuse and criminal behavior justified the termination of his parental rights. The court also considered LD's well-being in foster care, where he was thriving and had his needs met, and determined that respondent's lack of effort to rectify his situation indicated that reunification was not feasible.

From the testimony at the termination hearing, it appears that DHHS offered a wide variety of services to respondent throughout the trial court proceedings. It offered him drug screenings, parenting education, supervised visitations, substance abuse treatment, parent/partner program, a psychological evaluation, housing, employment, and mental health services, and asked him to sign releases of information.

Conclusion

The court affirmed the termination of respondent's parental rights, concluding that the statutory grounds were met and it was in LD's best interests to do so.

The trial court entered an order terminating respondent's rights consistent with the above findings.

Who won?

The Michigan Department of Health and Human Services prevailed in the case, as the court found that respondent's failure to engage with services and his detrimental circumstances justified the termination of his parental rights.

The trial court terminated respondent's parental rights, finding the statutory grounds for termination were met under MCL 712A.19b(3)(c)(i), MCL 712A.19b(3)(g), and MCL 712A.19b(3)(j), and that it was in LD's best interest to do so.

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