in Re C Applewhiate Jr Minor, 335631

Background

Mother appealed termination of her parental rights to her infant under MCL 712A.19b(3)(g), (i), and (j) after the child was removed days after birth due to mother’s prior termination history.
Mother has documented cognitive limitations and prior psychological evaluations; in a prior case she received parenting classes, counseling, and a one-on-one parenting coach and received services through the Pokagon Band for a different child whose father was a tribal member.
In the present case DHHS provided a psychological evaluation, supervised parenting time with hands‑on coaching, and searched for relatives for placement but found none.
During supervised visits mother repeatedly attempted to soothe the infant only by feeding and could not properly secure the child in a car seat; caseworker testified these problems mirrored prior deficiencies despite prior services.
Mother’s housing lacked running water and smelled of dog urine; she planned to have a jailed boyfriend (with a domestic‑assault charge involving her) move in upon release, and she had a history of relationships in which partners abused her children.
Trial court terminated mother’s rights; she appealed arguing ICWA notice deficiency, inadequate DHHS reasonable accommodations for her cognitive impairment, error in finding statutory grounds, and that termination was not in the child’s best interests.

Issues

Issue	Mother’s Argument	DHHS/Respondent’s Argument	Held
ICWA notice and court inquiry	Trial court failed to comply with ICWA/MIFPA and did not inquire at preliminary hearing about tribal status	Court had no reason to believe child was an Indian child; records listed no tribal affiliation and prior tribal services related to a different child/father	Court erred in failing to inquire (plain error) but mother failed to show prejudice; no reversal
Reasonable efforts/ADA accommodations for cognitive impairment	DHHS did not adequately tailor services or provide reasonable accommodations given mother’s cognitive limitations	DHHS provided psychological evaluation, one-on-one coaching previously, supervised visits with hands‑on instruction, counseling, and searched for relatives	No clear error; DHHS made reasonable efforts and offered appropriate accommodations
Statutory ground for termination (MCL 712A.19b(3)(j))	Mother argued she benefitted from services and child would not be harmed if returned	Mother continued unsafe parenting (feeding to soothe, inability to buckle car seat), showed no sustained benefit from prior services	Clear and convincing evidence supported termination under § (j); termination proper (court need only find one ground)
Best interests of the child	Termination not in child’s best interests given mother’s services and bond	Child needed permanency and safety; placement willing to adopt; mother’s housing, history with abusive partners, and inability to prioritize child’s safety weighed against reunification	Preponderance of evidence supports that termination was in child’s best interests; no clear error

Key Cases Cited

In re Utrera, 281 Mich. App. 1 (discusses plain‑error review and prejudice standard)
In re VanDalen, 293 Mich. App. 120 (plain‑error rule requirements)
In re Morris, 491 Mich. 81 (ICWA/MIFPA standards and when tribal notice is triggered)
In re Spears, 309 Mich. App. 658 (ICWA jurisprudence application)
In re Moss, 301 Mich. App. 76 (standard for proving statutory grounds by clear and convincing evidence)
In re White, 303 Mich. App. 701 (parent must benefit from services to remove risk of harm)
In re Hicks, 315 Mich. App. 251 (DHHS obligations to accommodate cognitive impairments under ADA and required evaluations/services)
In re LaFrance, 306 Mich. App. 713 (clear‑error standard explanation)
In re Mason, 486 Mich. 142 (requirement of reasonable reunification efforts)
In re JK, 468 Mich. 202 (best‑interest analysis may consider the whole record)
In re Olive/Metts, 297 Mich. App. 35 (factors for best‑interest determination)
In re HRC, 286 Mich. App. 444 (need not address additional grounds once one ground is established)