Termination under § 19b(3)(i); Child’s best interests; MCL 712A.19b(5); In re LaFrance; Relative placement; In re Atchley

Holding that § (i) was met, and that termination was in the child’s best interests, the court affirmed termination of respondent-mother’s parental rights. Her rights were terminated on the basis of homelessness and neglect, failure to seek adequate prenatal care, and her prior CPS history and terminations. In a prior appeal, the court remanded “for clarification of the evidence on which the trial court relied in support of its finding of statutory grounds, and an explanation for why those factual findings supported a conclusion that the DHHS established a statutory ground for termination by clear and convincing evidence.” On remand, the trial court complied with the remand order. In the present appeal, the court concluded the trial court did not err in its findings as to statutory grounds or best interests. “[A]t the adjudication and statutory grounds stage, there was ample testimony referenced by the trial court on remand that respondent . . . did not rectify the housing problem that led to her prior terminations.” In addition, “housing issues still persisted beyond the adjudication and statutory grounds hearing, such that there was no meaningful change in the conditions that led to adjudication.” Finally, although respondent highlighted “her visitation record and bond with [the child], improvements in her housing situation, and her willingness to participate in a service plan, these factors [did] not overcome the evidence that termination of” her parental rights was in the child’s best interests. The record showed her parenting ability was “compromised by her poor decision making and minimization of behaviors that led to her prior terminations.” And although relative placement generally weighs against termination and the child was placed with a relative, the trial court found that under the relative’s care, all of the child’s needs were met, and the relative was able to provide the child “with permanency, safety, stability, and a bond with his other siblings.”