In Re Young Minors
371190
Mich. Ct. App.Mar 11, 2025Background
- The respondent father’s parental rights to his children, MY and IY, were terminated by the trial court after findings of sexual abuse against his daughter, MY.
- MY disclosed at age 13 that respondent had abused her since she was 9 or 10, resulting in a pregnancy; DNA strongly linked respondent as the biological father of the fetus.
- Respondent was criminally prosecuted, pleaded nolo contendere to first- and third-degree criminal sexual conduct, and received lengthy prison sentences.
- At a jury trial for adjudication, extensive testimonial and DNA evidence supported the abuse allegations.
- The trial court found sufficient statutory grounds for termination and determined it was in the children’s best interests, relying on the harm to MY, risk posed by respondent, and the children’s maternal placements.
Issues
| Issue | Respondent's Argument | Petitioner’s Argument | Held |
|---|---|---|---|
| Admission of Photograph & Judgment | Evidence was irrelevant and unfairly prejudicial | Evidence relevant and respondent’s attorney waived objection | Waiver—no error for review |
| Admission of Testimony re: Brother’s Conviction | Testimony was irrelevant and prejudicial | Relevant to best interests; permissible in termination hearings | No effect on outcome, not plain error |
| Ineffective Assistance (Evidentiary Objections) | Counsel ineffective for failing to object to evidence | No prejudice—ample other evidence supports termination | No prejudice shown, so no ineffective assistance |
| Jurisdiction & Best Interests | Insufficient grounds and best interests not properly considered | Statutory bases and evidence supported termination as in children's interest | Termination affirmed, evidence and findings sufficient |
Key Cases Cited
- In re VanDalen, 293 Mich App 120 (Mich. Ct. App. 2011) (addresses preservation of evidentiary issues for appellate review)
- People v. Kowalski, 489 Mich 488 (Mich. 2011) (discusses waiver when defense counsel affirms no objection)
- People v. Carter, 462 Mich 206 (Mich. 2000) (waiver eliminates any claim of error on appeal)
- In re Ferranti, 504 Mich 1 (Mich. 2019) (rules of evidence are relaxed at termination hearings)
- Seifeddine v. Jaber, 327 Mich App 514 (Mich. Ct. App. 2019) (issue waived if not included in statement of questions involved)