In re Laster
303 Mich. App. 485
| Mich. Ct. App. | 2013Background
- Consolidated appeals concerning termination of respondents’ parental rights to two minor children.
- Respondent-mother appeals from a trial court order terminating rights under MCL 712A.19b(3)(a)(ii), (b)(i), (c)(i), (g), (j).
- Respondent-father appeals the same termination order on the same statutory grounds.
- Court held pretermination parenting time could be suspended after adjudication without a harm finding; post-adjudication parenting time rules differ.
- Court ultimately affirmed termination based on at least one statutory ground for each parent, and addressed reasonable reunification efforts and child’s best interests.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether parenting time could be suspended after adjudication without a harm finding. | Mason: pre-termination rules apply; harm findings required. | Mother: improper denial of parenting time before petition. | No error; court can suspend after adjudication without harm finding. |
| Whether there was clear and convincing evidence of grounds for termination for both parents. | DHS and court must prove at least one statutory ground. | Some grounds not established for mother; grounds established for father. | At least one statutory ground proven for each parent. |
| Whether DHS reasonable efforts to reunify were made and whether mother complied. | Agency offered services; mother failed to participate. | Reasonable efforts shown; mother failed to participate. | |
| Whether termination was in the children’s best interests. | Father minimally involved; unable to provide housing or support. | Termination in children’s best interests. |
Key Cases Cited
- In re Moss, 301 Mich App 76 (2013) (requires clear and convincing evidence of at least one ground for termination; standard of review for grounds)
- In re Trejo Minors, 462 Mich 341 (2000) (best interests; preponderance standard applied to termination decision)
- In re Mason, 486 Mich 142 (2010) (de novo review of statutory interpretation and court rules)
- In re BZ, 264 Mich App 286 (2004) (clear error standard for factual findings; special opportunity to observe witnesses)