in Re koehler/miles Minors, 332364

Background

Mother of five with long history of substance abuse (heroin, meth) and criminal convictions; children first removed in 2012 after drug paraphernalia and unsafe adults in home.
Children returned in 2013–2014 after services; mother relapsed and children were removed again in March 2015 following incarceration and reports of neglect and inappropriate supervision.
Mother completed some in-jail and rehab services but had repeated relapses, unstable relationships with violent/drug-using men, and a psychological evaluation diagnosing a personality disorder with poor treatment prognosis.
Petitioner provided reunification services (pre- and post-adjudication); concurrent planning for reunification and adoption; termination petition filed December 2015.
Trial court found statutory grounds for termination under MCL 712A.19b(3)(c)(i), (g), (j) and that termination was in children’s best interests; mother appealed.

Issues

Issue	Petitioner’s Argument	Respondent’s Argument (Mother)	Held
Whether statutory grounds for termination established (subsections (c)(i), (g), (j))	Conditions leading to adjudication persisted, mother failed to benefit from services, risk of harm if returned	Trial court erred; termination unsupported/too early	Court affirmed: clear and convincing evidence supported (c)(i), (g), (j)
Whether termination was based improperly on incarceration (Mason)	Decision based on full history of substance abuse, criminality, failed services—not merely incarceration	Termination improperly relied on incarceration	Court rejected Mason argument; incarceration was not primary basis
Whether petitioner made reasonable reunification efforts	Extensive services provided pre- and post-adjudication; efforts reasonable	Petitioner failed to allow time/services; premature termination	Court held petitioner made reasonable efforts; consideration of prior services appropriate
Whether denial/suspension of parenting time was improper	Suspension was appropriate given children’s wishes and travel burden; parenting time was waived by mother	Suspension prevented reunification and was improper	Court found issue waived and, alternatively, suspension was within discretion and not an abuse
Whether termination was in children’s best interests	Children needed safety, stability; mother’s prognosis poor; children thriving in foster care	Termination not in children’s best interests; mother bonded with children	Court held by preponderance that termination served children’s need for permanency and stability

Key Cases Cited

In re Rood, 483 Mich. 73 (Mich. 2009) (standard of review for termination: clear error)
In re Williams, 286 Mich. App. 253 (Mich. Ct. App. 2009) (clarifies clear-error standard)
In re BZ, 264 Mich. App. 286 (Mich. Ct. App. 2004) (deference to trial court’s opportunity to observe witnesses; factors for bonding)
In re Mason, 486 Mich. 142 (Mich. 2010) (limitations on basing termination primarily on incarceration)
In re Gazella, 264 Mich. App. 668 (Mich. Ct. App. 2004) (parent must benefit from services, not merely complete them)
In re LaFlure, 48 Mich. App. 377 (Mich. Ct. App. 1973) (child-protective proceedings are a continuous action; prior services may be considered)
In re Moss, 301 Mich. App. 76 (Mich. Ct. App. 2013) (best-interests burden: preponderance of the evidence)
In re Trejo, 462 Mich. 341 (Mich. 2000) (trial court may consider whole record in best-interest analysis)
In re Jones, 286 Mich. App. 126 (Mich. Ct. App. 2009) (parenting ability considered in best-interests inquiry)
In re Gillespie, 197 Mich. App. 440 (Mich. Ct. App. 1992) (child’s need for permanency, stability, finality)
In re Olive/Metts, 297 Mich. App. 35 (Mich. Ct. App. 2012) (factors for best-interest determination)
In re Dahms, 187 Mich. App. 644 (Mich. Ct. App. 1991) (children should not wait indefinitely for parental rehabilitation)
In re Laster, 303 Mich. App. 485 (Mich. Ct. App. 2013) (court may suspend parenting time after filing of termination petition)
People v Hershey, 303 Mich. App. 330 (Mich. Ct. App. 2013) (issues may be waived by affirmative approval)