in Re J Naveira Minor
339043
| Mich. Ct. App. | Dec 14, 2017Background
- Mother tested positive for morphine at JN’s birth; JN’s meconium/urine positive for opiates; mother admitted non-prescription Vicodin use and lacked consistent prenatal care.
- Case opened 2015; initially JN remained with parents but was later removed in March 2016 after repeated positive drug tests and a police raid where a crack pipe was found.
- Mother and father kidnapped JN after placement with maternal grandparents; they were stopped in Georgia and mother was jailed until August 2016 and later incarcerated again in December 2016 for parole violations.
- Mother repeatedly tested positive for cocaine and other drugs while JN was in her care and failed to maintain treatment or comply with the case plan; she had three older children previously removed in 2012 for substance abuse-related issues.
- At the May 2017 termination hearing mother was incarcerated (earliest release Nov 2017); JN had been in foster care over a year; trial court found statutory grounds under MCL 712A.19b(3)(c)(i) and (g) and that termination was in JN’s best interests.
Issues
| Issue | Mother's Argument | Petitioner/State's Argument | Held |
|---|---|---|---|
| Whether statutory grounds for termination under MCL 712A.19b(3)(c)(i) (conditions at adjudication continue) were met | Mother argued substance-abuse issues were being addressed in incarceration and could be rectified | Petitioner argued long history of relapse, noncompliance with services, and no reasonable likelihood of rectification within a reasonable time for the young child | Court held grounds proven: mother’s addiction persisted outside incarceration and no reasonable likelihood of rectification in a reasonable time |
| Whether statutory grounds under MCL 712A.19b(3)(g) (failure to provide proper care or custody) were met | Mother claimed drug use alone insufficient and asserted she was a good parent; suggested placement with relatives during incarceration | Petitioner emphasized parenting decisions tied to substance abuse (drug use during pregnancy, absconding with child, noncompliance) and lack of stable alternative placements | Court held grounds proven: substance abuse impacted parenting and proper care was not provided and unlikely soon |
| Whether incarceration alone justified termination or whether placement with relatives was viable | Mother argued JN could be cared for by maternal or paternal grandparents during incarceration | Petitioner pointed to facts undermining relative placement: maternal grandparents delayed reporting kidnapping; paternal grandparents initially lived at raid house and later declined placement due to health/adoption concerns | Court held incarceration did not alone justify termination but relatives were not suitable; trial court reasonably found relative placement unavailable |
| Whether termination was in child’s best interests | Mother argued relative placement should have been preferred and emphasized bond | Petitioner emphasized child’s need for permanency, mother’s limited bond (remote), poor parenting, long noncompliance, and stability in foster care | Court held termination was in JN’s best interests given need for permanency and mother’s history/noncompliance |
Key Cases Cited
- In re VanDalen, 293 Mich. App. 120 (court must find statutory grounds by clear and convincing evidence)
- In re Mason, 486 Mich. 142 (clear-error standard; incarceration alone is not automatic ground for termination)
- In re LaFrance, 306 Mich. App. 713 (drug use alone, absent connection to neglect, insufficient for termination; lack of cooperation relevant if tied to abuse/neglect)
- In re Olive/Metts, 297 Mich. App. 35 (best-interests factors: bond, parenting ability, permanency, stability)
- In re Pops, 315 Mich. App. 590 (incarcerated parent may achieve care via relative placement; state should not interfere if relatives provide adequate care)
- In re Schadler, 315 Mich. App. 406 (trial court must explicitly address termination in light of relative placement possibilities)