e-Journal Summary

e-Journal Number : 62366
Opinion Date : 03/29/2016
e-Journal Date : 04/25/2016
Court : Michigan Court of Appeals
Case Name : In re Treece/Allen
Practice Area(s) : Termination of Parental Rights
Judge(s) : Per Curiam - Ronayne Krause, Jansen, and Stephens
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Issues:

Termination under §§ 19b(3)(c)(i), (g), & (j); In re Moss Minors; In re Mason; Children’s best interests; In re White

Summary

The trial court properly terminated the respondent-mother’s parental rights to the children where the statutory grounds for termination were established by clear and convincing evidence and termination was in the children’s best interests. As to § (c)(i), more than 182 days elapsed between the issuance of the initial disposition order and the termination decision, and the conditions that led to adjudication, namely her mental health problems, her failure to obtain adequate housing, and her ongoing problems as to domestic violence continued to exist. Also, there was “no reasonable likelihood that the conditions would be rectified within a reasonable time considering the ages of the children given” that she “failed to make substantial progress with regard to the conditions between the initial disposition and the termination of her parental rights.” Further, the trial court did not err in deciding that termination was proper under § (g). The facts also established that respondent “did not provide proper care or custody for the children and that there was no reasonable expectation” she “would be able to provide proper care and custody within a reasonable time considering the ages of the children.” Further, they would have been at risk of harm in her “care given her continuing issues with drug use, domestic violence, and mental health. The evaluating psychologist testified that the oldest child, SRT, in particular, was likely to develop polarity, like respondent, if left in a chaotic environment. He also did not believe that respondent and SRT were a ‘good match’ considering respondent’s own mental health problems.” She had “ongoing substance abuse problems, lacked adequate housing, and continued to maintain a relationship with a man who had engaged in domestic violence in spite of her domestic violence classes.” Thus, the trial court did not err in deciding that termination of her parental rights was proper under § (j). Affirmed.

Full PDF Opinion