in Re a R Duvendeck Minor
335894
| Mich. Ct. App. | Jun 15, 2017Background
- Child removed from respondent mother in June 2015 for neglect, substance abuse, and unstable housing; case filed in Ingham Circuit Court.
- Over ~18 months respondent received services (parenting classes/coaching, substance-abuse treatment, therapy, housing/employment assistance) but largely failed to comply or benefit.
- Evidence at trial: repeated unstable housing (≈10 residences), ongoing domestic-violence exposure, no verifiable employment, continued marijuana use, missed drug screens and treatment sessions, poor attendance and conduct at supervised visits (late, left early, asleep, aggressive, using phone, profane language).
- Supplemental petition to terminate mother’s parental rights filed May 2016; termination entered November 2016 under MCL 712A.19b(3)(c)(i), (g), and (j).
- Trial court found statutory grounds proven by clear and convincing evidence and that termination was in child’s best interests due to weakened mother–child bond, foster parents’ ability to provide permanence, and mother’s ongoing instability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether statutory grounds for termination established under MCL 712A.19b(3)(c)(i) (conditions continue) | Petitioner: conditions persisted >182 days and unlikely to be rectified given respondent’s instability and noncompliance | Respondent: she made consistent progress (completed parenting classes, obtained housing and employment) | Affirmed: clear and convincing evidence supports termination under (c)(i) |
| Whether termination also proper under MCL 712A.19b(3)(g) (failure to provide proper care) | Petitioner: respondent failed to provide care and unlikely to do so in reasonable time | Respondent: challenges petitioner’s proof of ongoing inability | Court: (g) appropriate for similar reasons to (c)(i) |
| Whether termination proper under MCL 712A.19b(3)(j) (reasonable likelihood child harmed if returned) | Petitioner: respondent’s conduct/capacity (substance use, instability, aggressive conduct) posed risk of harm | Respondent: disputed factual sufficiency and emphasized progress | Court: (j) appropriate for similar reasons to (c)(i) |
| Whether termination was in child’s best interests | Petitioner: child needs permanency; foster home provides stable, bonded placement | Respondent: child shares bond with mother and termination harms that bond | Court: termination in child’s best interests (weakened maternal bond; foster parents provide permanence) |
Key Cases Cited
- In re Trejo Minors, 462 Mich. 341 (court explains burden and standard for proving statutory grounds)
- In re Rood, 483 Mich. 73 (standard of review for factual findings in termination cases)
- In re Moss, 301 Mich. App. 76 (discusses clear-error standard and best-interests burden)
- In re LE Minor, 278 Mich. App. 1 (termination under (c)(i) proper where parent lacked housing/employment and missed drug screens)
- In re Olive/Metts, 297 Mich. App. 35 (sets out factors for best-interests determination)
- In re HRC, 286 Mich. App. 444 (if one statutory ground is clearly established, court need not address additional grounds)