Termination with consent; Matter of Toler; Best interests analysis; MCL 712A.19b(5); Waiver

The court held that respondent-mother waived her argument as to the trial court’s analysis of the children’s best interests. Her rights were terminated on the basis of her drug abuse. On appeal, the court rejected her argument that although she consented to termination, the trial court erred by making its best-interests determination without providing any analysis. “At the termination hearing, respondent clearly conceded that termination was in the best interests of her children. She was directly asked, ‘do you agree that termination of your parental rights is in the best interest of your children?’ and she responded, under oath, ‘Yes.’” The trial court found that her “release was given freely and understandingly, which she does not challenge on appeal, and respondent signed a release form.” As such, she waived this issue on appeal. Affirmed.