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Posts in the Termination of Parental Rights category:

PROBATE 33: Petitioners filed for co-guardianship of each grandchild.

Pursuant to MCL 700.5204(2)(b), in order for a court to consider appointing a guardian, a petitioner must first establish that 1) the parent permits the minor child to reside with another person; 2) the parent does not provide the other person with legal authority for the minor’s care and maintenance; and 3) the minor is not residing with his or her parent when the petition is filed.

The court held that the trial court properly terminated the respondent-adoptive grandmother's parental rights to the child where at least one statutory ground for termination existed and it was in the child's best interests.

The trial court terminated respondent's parental rights on the basis that she exposed the child to harm, including allowing improper contact with adult guests, including the child's biological mother, who had previously violently abused the child,...

After remand, in which the court instructed the trial court to reevaluate its best-interests determination in light of the children's placement with a relative, the court held that the trial court complied with its remand instructions, and affirmed.

On appeal, the respondent offered two claims of error as to the trial court's decision to terminate respondent's parental rights to CC and AC. First, respondent argued that the trial court clearly erred by finding that termination was appropriate...

After remand to the trial court for further proceedings, the court held that the trial court did not clearly err in finding that terminating the respondent-mother's parental rights was in the best interests of her five children.

On remand, the trial court conducted an evidentiary hearing and "provided a clear ruling explaining why it found termination" was in the children's best interests. It considered the appropriate factors and found that respondent "was not compliant...

The court held that the trial court properly terminated the respondent-father's parental rights to the three children where the statutory grounds were established by clear and convincing evidence and termination was in their best interests.

Given the length of the case and his "noncompliance, lack of accountability, and his substance abuse issues-including multiple relapses when he was close to reunification- there was not a reasonable expectation that he would be able to provide...

Concluding that Marin properly interpreted a former version of § 19b(1) as not requiring the child be in foster care for a termination petition to be considered, the court rejected father's request to declare a "but for" conflict under MCR 7.215(J)(2

Before the child was born, respondent (at the age of 18) pleaded guilty to CSC I. The victim was his nine-year-old cousin. Petitioner testified that she learned the facts of respondent's conviction after she gave birth to the child, and broke off...

Holding that the trial court did not err in finding that statutory grounds supported terminating the respondent-mother's parental rights, or in finding that doing so was in the child's best interests, the court affirmed the order terminating her righ

She argued on appeal that there was insufficient evidence to support a statutory ground for termination due to the failure to offer her services and parenting time. The DHHS "sought termination at the initial dispositional hearing." Thus, it was...

Holding that the trial court properly found at least one statutory ground for termination and that termination was in the best interests of the children (JW and AW), the court affirmed termination of the respondent-mother's parental rights.

The trial court terminated her parental rights under § (g) after finding that she physically abused the children throughout the proceedings and that further services would not cure the problem. The record reflected that in 6/13, when "AW was about...

The court held that the trial court properly terminated the respondent-mother's parental rights to the children, and the respondent-father's parental rights to one of the children, where at least one statutory ground for termination existed.

It rejected the father's argument that the trial court erred by not holding the DHHS in contempt for failing to provide him with free therapy. It noted there was "no indication that the caseworker willfully defied the court's order to provide...

The trial court properly terminated the respondent-father's parental rights to the child where at least one statutory ground for termination was established by clear and convincing evidence and termination was in the child's best interests

In 5/14, the trial court ordered him to comply with a PAA. At the first review hearing in 7/14, he "admitted to relapsing into drug use and tested positive for cocaine." The trial court warned him that his "parental rights would be terminated if he...

Because the respondent-mother was found to be unfit as a parent and because her rights yielded to the State's interest in protecting the child, her constitutional rights as to the child were not violated, and there was no plain error.

Respondent's sole argument on appeal was that she has a constitutional right to parent her child. Although she was generally correct that "parents have a fundamental right to parent their children," the trial court did not err in terminating her...

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,...

Termination of parental rights upheld

The court held that the trial court properly terminated both respondents-parents' parental rights to the children where the statutory grounds for termination were established by clear and convincing evidence and termination was in their best...

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