in Re O J Bixler Minor, 337906

Mother had prior CPS involvement; two older children (UB, b.2011; BB, b.2014) were removed after serious injuries to BB (skull fracture, seizures, and severe scald burns) and neglectful care.
DHHS initially sought termination; the court later denied termination and ordered services (approx. 10 months provided before first termination).
Mother completed some parenting classes and maintained housing and employment but frequently missed BB’s medical/rehab appointments (attended ~10% of BB’s 93 appointments) and most drug screens.
Substance-abuse problems persisted: positive tests for marijuana and cocaine; she concealed a pregnancy and gave birth to OB in Sept. 2016 whose meconium was positive for cocaine, methamphetamine, and amphetamine.
The court terminated parental rights to UB and BB (Dec. 2016); mother admitted statutory grounds for OB and her rights to OB were terminated after she failed to appear at the best-interest hearing (Mar. 2017).

Issue	Plaintiff's Argument (DHHS)	Respondent's Argument (Mother)	Held
Whether statutory grounds supported termination of parental rights to UB and BB	Evidence showed mother’s conduct and omissions (physical injuries to BB, failure to prevent, ongoing substance abuse, inability to care for BB) met MCL 712A.19b(3) grounds	Termination was premature because mother was not given adequate time or opportunity to participate in and benefit from services	Court found clear and convincing evidence of statutory grounds; termination affirmed
Whether DHHS should have provided reunification services or delayed termination for OB	DHHS argued reunification services were not required when termination at initial disposition was sought given recent history of failed services and ongoing substance abuse	Mother argued services should have been ordered and the best-interest hearing adjourned so she could participate	Court held DHHS properly sought termination at initial disposition for OB; services were not required and termination affirmed
Whether the trial court abused discretion by denying adjournment of the best-interest hearing	DHHS: no good cause to adjourn; mother repeatedly failed to comply with orders and failed to appear for prior assessments and visits	Mother: counsel reported a text that she was hospitalized and requested adjournment so she could attend	Denial of adjournment was not an abuse of discretion; no legally sufficient good cause and delay would harm child’s interests

In re Trejo, 462 Mich 341 (clear-and-convincing standard for termination)
In re Rood, 483 Mich 73 (standard of review for factual findings on termination grounds)
In re Moss, 301 Mich App 76 (trial-court observation deference; when services not required)
In re Williams, 286 Mich App 253 (definition of clear error)
In re LE, 278 Mich App 1 (reasonable efforts and services obligation)
In re Fried, 266 Mich App 535 (effect of lack of reasonable services on termination proof)
In re Frey, 297 Mich App 242 (parent’s responsibility to participate in offered services)
In re Terry, 240 Mich App 14 (services not always required when termination is agency goal)
In re HRC, 286 Mich App 444 (DHHS not required to provide reunification when termination is sought at initial disposition)
In re Utrera, 281 Mich App 1 (standard for finding good cause to adjourn)
In re Jackson, 199 Mich App 22 (review standard for denial of adjournment)