in Re K M Ling Minor
332125
| Mich. Ct. App. | Oct 11, 2016Background
- Respondent father appealed the termination of his parental rights to his daughter KL under MCL 712A.19b(3)(c)(i), (g), and (j).
- At the preliminary hearing the trial court did not ask whether either parent or the child had American-Indian heritage as required by MCR 3.965(B)(2).
- The initial petition contained statements that both parents and the child denied Native American ancestry; race was listed as Caucasian/White and no party later asserted Indian ancestry.
- Father waived the statutory-basis phase, entered a no-contest plea, and the court held a best-interest hearing before terminating his rights.
- Trial evidence: father had a bond with KL and KL had been placed with a relative for over 1½ years; father had ongoing substance-abuse problems, missed many drug screens, and tested positive as recently as two months before the hearing.
- The court found termination was in KL’s best interests by a preponderance of the evidence and the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to inquire about American-Indian heritage under ICWA at preliminary hearing | Court erred by not asking whether parents/child are tribal members | Error did not prejudice father because neither parent nor child are of Native American ancestry and petition denied such ancestry | Court: plain error occurred but no prejudice; affirmation (no reversal) |
| Whether termination was in child’s best interests | Termination appropriate due to father’s ongoing substance abuse, noncompliance, need for permanency for child | Father argued bond, placement with relative, psychologist and L-GAL recommended against termination and more time for sobriety | Court: no clear error; termination supported by preponderance of evidence |
Key Cases Cited
- In re TK, 306 Mich. App. 698 (issue preservation for ICWA inquiry)
- People v. Carines, 460 Mich. 750 (plain-error standard)
- In re Utrera, 281 Mich. App. 1 (standard of review for unpreserved issues)
- In re Morris, 491 Mich. 81 (duty to notify tribe when court has reason to know Indian ancestry)
- In re White, 303 Mich. App. 701 (best-interest factors and clear-error review)
- In re Moss, 301 Mich. App. 76 (burden to prove best interests by preponderance)
- In re Olive/Metts, 297 Mich. App. 35 (placement with relative weighs against termination)