in Re B M Davis Minor, 335892

Minor BD removed from mother's home after mother struck her with a studded belt and the home was found in deplorable condition.
Respondent father lived in Ohio, had limited contact with BD, and did not seek custody despite prior knowledge of mother’s criminal history and past abuse of the sibling.
DHHS alleged respondent failed to provide financial, physical, or emotional support, had a history of substance abuse and domestic violence, and failed to protect BD; DHHS sought adjudication and termination at disposition.
At adjudication, respondent failed to produce documentation of child-support withholding from SSI despite repeated requests and promised production that never occurred.
Respondent admitted to an extensive criminal history (various convictions from 1980s through 2013); mother testified to domestic violence in the child’s presence.
Trial court adjudicated jurisdiction under MCL 712A.2(b)(1) and (2) (failure to provide/support and unfit home by reason of criminality) and found statutory grounds for termination under MCL 712A.19b(3)(j) but declined to terminate as not in BD’s best interests.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court properly exercised jurisdiction under MCL 712A.2(b)	DHHS: preponderance of evidence showed failure to support and unfit home due to criminality/neglect	Respondent: facts did not support adjudication; contesting reliance on his criminal history	Affirmed — sufficient evidence of failure to support and home unfitness (criminality/neglect)
Whether respondent’s failure to produce proof of child support justifies adjudication	DHHS: lack of documentation plus testimony and workers’ requests supported finding of non-support	Respondent: testified support was withheld from SSI and would produce proof but did not	Held the absence of documentation and credibility issues supported adjudication for failure to provide
Whether respondent’s criminal history could be considered for adjudication	DHHS: criminal behavior is relevant to unfit-home adjudication even if not convicted recently	Respondent: court had suggested limiting use of older convictions to best-interest stage	Held admissible and relevant for adjudication; criminality as a basis for unfit environment upheld
Whether ruling on statutory grounds for termination was ripe for review	Respondent: challenged court’s statements about using criminal history for best-interest analysis	DHHS: termination not ordered; best-interest consideration awaited final disposition	Held not ripe — termination claim premature because parental rights were not terminated

In re Kanjia, 308 Mich. App. 660 (Mich. Ct. App. 2014) (standard for proving statutory grounds for jurisdiction)
In re MU, 264 Mich. App. 270 (Mich. Ct. App. 2004) (criminal behavior, not conviction, may support adjudication)
In re Dearmon, 303 Mich. App. 684 (Mich. Ct. App. 2014) (rules on relevance and admissibility of evidence)
In re BZ, 264 Mich. App. 286 (Mich. Ct. App. 2004) (standard of review for adjudication findings)
In re Curry, 113 Mich. App. 821 (Mich. Ct. App. 1982) (criminal status alone insufficient; need showing of custodial environment unfitness)
Huntington Woods v. Detroit, 279 Mich. App. 603 (Mich. Ct. App. 2008) (ripeness doctrine: avoid adjudicating contingent claims)