in Re hamilton/culpepper Minors, 331742

Termination orders entered against mother (both children) and father (child AH) under MCL 712A.19b based on continued conditions and failure to rectify them; appeals by both parents.
Father located by DHHS ~4 months after AH’s removal; DHHS provided services in Flint (housing, employment, substance-abuse counseling, parenting, transportation assistance).
Father had sporadic contact: no visits for 8 months before termination hearing and minimal service completion (psych eval and parenting class only).
Trial court found statutory ground under MCL 712A.19b(3)(c)(i) (conditions continuing; unlikely to be rectified in reasonable time) and best interests favor termination for AH.
Mother asserted ICWA notice was not given properly after she later reported Cherokee ancestry; DHHS sent genealogy to three Cherokee tribes and received two denials before termination hearing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether statutory grounds for terminating father’s parental rights were proven by clear and convincing evidence	DHHS: father failed to remedy conditions that led to adjudication despite services	Father: challenges sufficiency of evidence that conditions continued and would not be rectified	Affirmed: clear-and-convincing evidence supported termination under MCL 712A.19b(3)(c)(i)
Whether termination was in child AH’s best interests	DHHS: child needed stability; father failed to participate or show housing/employment	Father: termination not in child’s best interests	Affirmed: preponderance of evidence showed best interests favored termination
Whether petitioner made reasonable reunification efforts toward father	DHHS: provided tailored services and transportation assistance once father was located	Father: agency failed to make reasonable efforts	Affirmed: DHHS made reasonable efforts; father failed to take full advantage
Whether ICWA notice violations require conditional reversal for mother	Mother: trial court failed to comply with ICWA notice requirements after she reported Cherokee ancestry	DHHS: sent genealogy to three Cherokee tribes and received denials before termination hearing	No plain error: notice requirement was triggered but DHHS complied by notifying tribes and receiving denials; no likely different outcome

In re Trejo, 462 Mich. 341 (Michigan Supreme Court) (standards for establishment of statutory termination grounds)
In re Mason, 486 Mich. 142 (Michigan Supreme Court) (clear-error standard and definition)
In re Powers, 244 Mich. App. 111 (Michigan Court of Appeals) (continuing-conditions termination analysis)
In re Moss, 301 Mich. App. 76 (Michigan Court of Appeals) (best-interests preponderance standard)
In re Olive/Metts, 297 Mich. App. 35 (Michigan Court of Appeals) (factors for best-interests analysis)
In re Frey, 297 Mich. App. 242 (Michigan Court of Appeals) (parent’s duty to benefit from services)
In re Fried, 266 Mich. App. 535 (Michigan Court of Appeals) (reasonable efforts via service plan)
In re McIntyre, 192 Mich. App. 47 (Michigan Court of Appeals) (single statutory ground suffices for termination)
In re Morris, 491 Mich. 81 (Michigan Supreme Court) (ICWA "reason to know" notice standard and remedy for failure)