In re Frey, 297 Mich. App. 242

DHS sought termination of parental rights under multiple grounds based on unresolved issues and ongoing risk to the child.
Trial court found one or more statutory grounds supported by clear and convincing evidence and terminated parental rights.
Primary basis for adjudication: father’s alcohol abuse and mother’s substance abuse; later concerns about housing, finances, and criminal activity.
Child was removed in December 2009 after a high-speed automobile accident in which father had a BAC of 0.24; mother admitted narcotics use and rode with the intoxicated father.
Child placed with maternal grandmother; parents entered a parent-agency agreement requiring therapy, parenting classes, visitation, drug testing, housing, income, and evaluations.
Despite some participation, parents failed to comply with or benefit sufficiently from services, with repeated drug issues, arrests, and periods of incarceration affecting availability.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether clear and convincing evidence supports termination on statutory grounds.	DHS contends grounds exist for termination given ongoing risk.	Respondents argue grounds are not clearly proven or adequately supported.	Yes; clear and convincing evidence supports termination on the cited grounds.
Whether trial court erred in concluding parents failed to benefit from or comply with services.	DHS argues insufficient compliance and benefit from services despite some participation.	Respondents claim they substantially complied and benefited from the plans.	No; trial court did not clearly err in finding inadequate compliance/benefit.
Whether termination was in the child's best interests.	DHS asserts child needs a permanent, safe, stable home unlikely to be provided by parents.	Respondents contend potential for reunification exists if services continued.	Yes; termination in the child’s best interests was proper.

In re Trejo Minors, 462 Mich 341 (2000) (establishes clear and convincing standard for termination and review)
In re B & J, 279 Mich App 12 (2008) (one or more statutory grounds may support termination)
In re Powers Minors, 244 Mich App 111 (2000) (DHS need show existence of a ground by clear and convincing evidence)
In re Mason, 486 Mich 142 (2010) (clear error standard of review for trial court findings)
In re Sours Minors, 459 Mich 624 (1999) (supports review framework and termination analysis)
In re Gazella, 264 Mich App 668 (2005) (responsibilities of DHS vs. parental participation in services)
In re Terry, 240 Mich App 14 (2000) (commensurate duties of participants to utilize offered services)
In re Foster, 285 Mich App 630 (2009) (best interests consideration in termination decisions)