Opinion

In Re L Haack Minor

Court
Michigan Court of Appeals
Filed
Oct 24, 2025
Status
Unpublished
Cited by
0 cases
Authority
More cited than 35.9%

The opinion

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to

revision until final publication in the Michigan Appeals Reports.

STATE OF MICHIGAN

COURT OF APPEALS

UNPUBLISHED

October 24, 2025

10:13 AM

In re L. HAACK, Minor.

No. 374254

Eaton Circuit Court

Family Division

LC No. 23-020893-NA

Before: FEENEY, P.J., and BORRELLO and BAZZI, JJ.

PER CURIAM.

Respondent-mother appeals as of right the trial court order terminating her parental rights

to the minor child, LH, under MCL 712A.19b(3)(c)(i) (conditions of adjudication continue to

exist) and MCL 712A.19b(3)(j) (child will be harmed if returned to the parent).1 We affirm.

I. FACTS

Respondent had a significant history of trauma, mental, and behavioral health concerns. In

2006, she was involved in a motor vehicle accident and suffered a traumatic brain injury. She had

a history of anxiety, depression, post-traumatic stress disorder (PTSD), and psychosis. She

participated in in-patient cognitive rehabilitation for about nine years, and she had been under a

guardianship and conservatorship, which were removed in 2018.

In August 2022, Children’s Protective Services (CPS) received allegations concerning the

safety and well-being of the child. CPS conducted an investigation, and in September 2022, the

family began receiving a plethora of services from CPS ongoing. In April 2023, CPS received

new reports of concerns for the child’s safety, indicating that respondent “appeared to be having a

mental health crisis.” CPS conducted an unscheduled home visit, and an unknown “white, powder

substance” was covering the apartment floor and furniture. Respondent appeared frantic, and

1

The trial court also terminated the parental rights of the child’s father, Tommy Dees, but he has

not appealed that decision and is not a party to this appeal

-1-

respondent and the child both presented with red, irritated hands. The refrigerator and freezer were

almost empty; respondent stated that she needed to throw away her groceries because she believed

that the white powdery substance was getting into the food. After this incident, the child was

removed from respondent’s care and placed with her maternal grandparents.

Respondent’s barriers throughout this case were emotional stability, substance use, and

parenting skills. Regarding substance use, there was a concern for respondent’s use of alcohol

because she was “prescribed psychotropic medications to help address her mental health, and any

use of alcohol [could] impact the effectiveness of those medications.” Respondent largely

participated in her services throughout this case, which included randomly scheduled drug screens,

home visits, counseling, Families Together Building Solutions (FTBS), psychiatric services,

medication reviews, EMDR2 therapy, and DBT3 therapy. But in September 2023, respondent’s

parenting time was suspended—and never reinstituted—after: (1) respondent missed a week of

parenting time, which resulted in severe dysregulation for the child; (2) respondent began to exhibit

signs of “significant instability”; (3) a home visit was conducted, and the home was found to be in

disarray, including the observation of an empty liquor bottle; (4) respondent was hospitalized for

“a day or two,” during which time, her lab reports showed “an exceedingly high alcohol level”;

and (5) following respondent’s hospitalization, DHHS could not make contact with respondent for

about five days.

During this case, the child exhibited severe signs of dysregulation—including self-harm

behaviors—following any changes in parenting time or any therapy sessions that included “bigger”

conversations about respondent. Overtime, the child made several disclosures of abuse that

occurred in respondent’s home. A trauma assessment was completed for the child, which

recommended various therapy styles for the child and suggested that the child’s caregivers

participate in trauma-informed parenting exercises because “as she becomes older[,] her trauma

may manifest in many different ways.” A forensic interview was also conducted concerning the

child’s disclosures that were sexual in nature—these disclosures were “investigated and ruled out

as not having a preponderance of the evidence.” Notably, in August 2024, after being informed

of these disclosures, respondent tested positive for alcohol.

In December 2024, the trial court, citing respondent’s mental health barrier as well as the

child’s mental health needs, found that there was clear and convincing evidence that a statutory

2

“EMDR” stands for “eye movement desensitization and reprocessing therapy,” and it is a mental

health treatment technique that “involves moving your eyes a specific way while you process

traumatic memories. EMDR’s goal is to help you heal from trauma or other distressing life

experiences.” Cleveland Clinic, EMDR Therapy

<https://my.clevelandclinic.org/health/treatments/22641-emdr-therapy> (accessed September 4,

2025).

3

“DBT” stands for “dialectical behavior therapy,” and it “is a type of talk therapy for people who

experience emotions very intensely.” Cleveland Clinic, Dialectical Behavior Therapy (DBT) <

https://my.clevelandclinic.org/health/treatments/22838-dialectical-behavior-therapy-dbt>

(accessed September 4, 2025).

-2-

basis existed for terminating respondent’s parental rights and that termination was in the child’s

best interests. Respondent now appeals.

II. REASONABLE EFFORTS

On appeal, respondent argues that the trial court erred by terminating her parental rights

because DHHS did not use reasonable efforts to reunify the family. We disagree.

A. PRESERVATION AND STANDARD OF REVIEW

To preserve an argument that petitioner failed to make reasonable efforts at reunification,

the respondent must “object or indicate that the services provided to them were somehow

inadequate . . . .” In re Frey, 297 Mich App 242, 247; 824 NW2d 569 (2012). In this case,

respondent repeatedly requested the reinstatement of parenting time, but she never objected to the

adequacy of her other services. Therefore, this issue is preserved with respect to respondent’s

concerns with parenting time, but not preserved with respect to her concerns with other services.

See id.

“We review for clear error a trial court’s decision regarding reasonable efforts.” In re

Sanborn, 337 Mich App 252, 258; 976 NW2d 44 (2021). We review a trial court’s decision to

suspend or modify parenting time for an abuse of discretion. See In re Laster, 303 Mich App 485,

490-491; 845 NW2d 540 (2013), superseded by statute on other grounds by In re Ott, 344 Mich

App 723, 737-741; 2 NW3d 120 (2022). “An abuse of discretion occurs when the trial court

chooses an outcome falling outside the range of principled outcomes.” In re COH, ERH, JRG, &

KBH, 495 Mich 184, 202; 848 NW2d 107 (2014) (quotation marks and citation omitted).

Additionally, we review “for clear error a trial court’s factual findings following a termination

hearing.” In re Gonzales/Martinez, 310 Mich App 426, 430; 871 NW2d 868 (2015). “A trial

court’s decision is clearly erroneous if although there is evidence to support it, the reviewing court

on the entire evidence is left with the definite and firm conviction that a mistake has been made.”

In re Olive/Metts Minors, 297 Mich App 35, 41; 823 NW2d 144 (2012) (quotation marks and

citation omitted).

“[U]npreserved issues are reviewed for plain error affecting substantial rights.” In re

Sanborn, 337 Mich App at 258 (quotation marks and citation omitted). “To avoid forfeiture under

the plain error rule, three requirements must be met: 1) the error must have occurred, 2) the error

was plain, i.e., clear or obvious, 3) and the plain error affected substantial rights.” Id. (quotation

marks and citation omitted). “Generally, an error affects substantial rights if it caused prejudice,

i.e., it affected the outcome of the proceedings.” Id. (quotation marks and citation omitted).

B. ANALYSIS

Under Michigan’s Probate Code, DHHS “has an affirmative duty to make reasonable

efforts to reunify a family before seeking termination of parental rights.” In re Hicks/Brown, 500

Mich 79, 85; 893 NW2d 637 (2017), citing MCL 712A.18f(3)(b) and (c), and MCL 712A.19a(2).

Therefore, “when a child is removed from the parents’ custody, the petitioner is required to make

reasonable efforts to rectify the conditions that caused the child’s removal by adopting a service

plan.” In re Fried, 266 Mich App 535, 542; 702 NW2d 192 (2005), citing MCL 712A.18f(1), (2),

-3-

and (4). “As part of these reasonable efforts, the Department must create a service plan outlining

the steps that both it and the parent will take to rectify the issues that led to court involvement and

to achieve reunification.” In re Hicks/Brown, 500 Mich at 85-86.

1. RESPONDENT’S “DISABILITY”

Respondent’s first, unpreserved, argument is that no accommodations were made for her

“disability”4 because DHHS did not “provide accommodations to Mother regarding her

understanding of the case service plans and what was expected of her.” This argument lacks merit.

DHHS “also has obligations under the ADA that dovetail with its obligations under the

Probate Code.” Id. at 86. For example, “the ADA requires that no qualified individual with a

disability shall, by reason of such disability, be excluded from participation in or be denied the

benefits of the services, programs, or activities of a public entity, or be subjected to discrimination

by any such entity.” Id. (quotation marks and citation omitted). Moreover, “[p]ublic entities, such

as [DHHS], must make reasonable modifications in policies, practices, or procedures when the

modifications are necessary to avoid discrimination on the basis of disability, unless . . . the

modifications would fundamentally alter . . . the service provided.” Id. (quotation marks and

citation omitted).

There is absolutely no indication in the record that respondent was dissatisfied or unable

to participate in the services that DHHS provided for her. Before the child was removed from her

care, respondent participated in a plethora of services, including some long-term, in-patient

services, “CPS investigations, CPS ongoing, law enforcement, [FTBS], EVE [counseling and

advocacy], Samaritas [substance use disorder services], Forensic Fluids, Families First, Siren

[housing and advocacy], and Helios Psychiatry [medication monitoring].” During the pendency

of this case, respondent continued to participate in the following services: randomly scheduled

drug and alcohol screenings, home visits, mental-health hospitalization, counseling, FTBS,

psychiatric services, medication reviews, EMDR therapy, and DBT therapy. In fact, respondent

was so committed to her services that she initiated and completed “around 100 hours” of online

parenting skills classes throughout this case.

There is no question that respondent was able to actively participate in the services that

DHHS provided in this case. The trial court explicitly stated, “I will give Mom all the credit in

the world; for actively participating in the services that have been asked of her.” Additionally, at

the termination hearing, respondent testified that her medications were now “right,” and that she

had “a significantly larger toolbox of coping mechanisms, and a support team, and a better

understanding of what mental health, for [her], looks like and presents itself.”

Respondent fails to explain how petitioner should have tailored its services to her needs

beyond a conclusory statement that petitioner did not adequately address her “disability” or

provide her with accommodations regarding her understanding of the case service plans and what

was expected of her. Accordingly, any argument that respondent’s extensive services were not

4

Respondent had a “history of anxiety, depression, PTSD, and psychosis.” Accordingly, it appears

that respondent is referring to the “disability” of “emotional stability,” or lack thereof.

-4-

appropriate—considering respondent’s individualized needs—lacks merit, and the trial court did

not plainly err by finding that her services were appropriate in this regard. See In re Hicks/Brown,

500 Mich at 85-86; In re Sanborn, 337 Mich App at 258.

2. PARENTING TIME

Respondent further argues that DHHS did not provide reasonable efforts concerning

parenting time because: (1) even though she participated in all other services, she was not given

the chance to participate in parenting time for a large portion of this case, and (2) the trial court

improperly left the parenting-time decision up to the child’s therapist.

“If a juvenile is removed from the parent’s custody at any time, the court shall permit the

juvenile’s parent to have regular and frequent parenting time with the juvenile.” MCL

712A.13a(13); see also MCL 712A.18(1)(p). But, “[i]f the court determines that parenting time,

even if supervised, may be harmful to the juvenile’s life, physical health, or mental well-being, the

court may suspend parenting time until the risk of harm no longer exists.” MCL 712A.13a(13);

MCL 712A.18(1)(p). “The court may order the juvenile to have a psychological evaluation or

counseling, or both, to determine the appropriateness and the conditions of parenting time.” MCL

712A.13a(13); MCL 712A.18(1)(p).

Early in this case, respondent missed a week of parenting time, which had a negative impact

on the child. The child demonstrated the following behaviors that were noted as more severe

following visitation, changes in visitation, or cancellation of visitation: “regression, mood swings,

challenges with self-regulation, disrupted sleep cycle, nail biting, and aggression.” DHHS initially

attempted to work with respondent to “revamp” the parenting-time schedule, but respondent

exhibited “some significant instability,” to the point that in September 2023: (1) a home visit was

conducted, and respondent’s home was found to be in disarray; “there was an empty liquor bottle,”

“many items had been used as an ashtray,” “it appeared that the dog hadn’t been out for quite some

time,” and glass from a broken window was found on the front stoop; and (2) respondent was

hospitalized for “a day or two”; during that time, her lab reports showed “an exceedingly high

alcohol level . . . .” Following respondent’s hospitalization, DHHS was unable to make contact

with respondent for about five days, during which time, DHHS moved for a suspension of

parenting time that the trial court granted. Because there were serious, and reasonable, concerns

that respondent’s mental-health presented a risk of harm to herself and the child, we conclude that

the trial court did not err in its initial suspension of parenting time. MCL 712A.13a(13); MCL

712A.18(1)(p).

The trial court continued the suspension of parenting time to determine whether respondent

could be consistent and predictable for the child. MCL 712A.13a(13); MCL 712A.18(1)(p).

Eventually, the trial court ordered that respondent could send the child cards and letters, and when

respondent’s therapist and the child’s therapist both believed that contact could begin in a

-5-

therapeutic setting, they could “tiptoe towards that.”5 Considering the child’s ongoing

dysregulation, need for consistency and stability, ongoing disclosures of abuse in respondent’s

care, and express desire to not see respondent, this parenting-time order lasted up until the

termination hearing.

Contrary to respondent’s argument that “[t]here is a serious question as to whether the

lower court in this situation could leave parenting time decisions to the unfettered discretion to a

therapist,” a trial court may rely on a child’s counselor’s opinion when determining “the

appropriateness and the conditions of parenting time.” MCL 712A.13a(13); MCL 712A.18(1)(p).

Respondent specifically argues that relying on the child’s therapist’s opinion regarding the

appropriateness of parenting time was an error because: (1) her therapist relied almost exclusively

on reports from the child’s placement who desired to have respondent’s parental rights terminated,

(2) there were concerns that the placement had “coached” the child regarding the disclosures that

led to a forensic interview, and (3) the child’s dysregulation was “evidenced almost entirely from

accounts given by placement.” These arguments lack merit.

First, the child’s therapist did not rely exclusively on reports from the child’s placement

when making her recommendations—in fact, her therapist had: (1) ample communication with

respondent throughout this case; (2) the benefit of the child’s 55-page trauma-assessment report,

and (3) been meeting with the child since this case began, when the child was just three years old.

Second, the child’s therapist was not “necessarily surprised” to learn that the forensic interviewer

believed that the child had been coached regarding the disclosures that led to the forensic

interview—because “[i]t was a very detailed event for such a young child to recall and be able to

report on.” Yet, when directly asked whether she thought the child was coached during the child’s

interactions with her, the therapist replied in the negative, stating that the child was consistent with

her language and able to explain her statements, and that the child was empathetic and “very in

tune to people’s emotions.” Third, the child’s dysregulation was directly seen by many parties

throughout this case, especially her therapist. In fact, her therapist specifically testified that in the

past, she had been concerned that the child’s grandmother was reporting the child’s trauma-based

behaviors in a way that made them seem bigger than they were; however, after seeing the behaviors

herself, the therapist no longer had that concern.

Respondent also challenges the fact that parenting time was never reinstituted despite her

participation in services. But, again, “[i]f the court determines that parenting time, even if

supervised, may be harmful to the juvenile’s life, physical health, or mental well-being, the court

may suspend parenting time until the risk of harm no longer exists.” MCL 712A.13a(13); MCL

712A.18(1)(p). In this case, the trial court believed that the risk of harm—concerning the child’s

mental needs and respondent’s mental well-being—was present throughout the case despite

respondent’s participation in services. The trial court reasoned that respondent’s alcohol relapse

in August 2024, years after services and therapy had been provided to her, displayed that her

5

In its written orders, the trial court specifically stated the following: “Parenting time of

[respondent], limited to cards, pictures, and letters until authorized by therapist, then is . . .

supervised until further order of the court. IN A THERAPUTIC [sic] SETTING.”

-6-

mental-health and substance-use barriers remained. The trial court also noted its concern with

whether respondent had “an understanding of [the child’s] mental health needs.” The trial court

explained that “[m]om’s efforts matter, and what she has done matters, but whether this child

would be harmed if returned to this parent, I think the Court is, certainly, persuaded that the weight

of the testimony today, is that she would be.” Accordingly, the trial court did not err by continuing

the order suspending respondent’s parenting time despite her participation in services. See MCL

712A.13a(13); MCL 712A.18(1)(p); cf. In re Ott, 344 Mich App at 742-743 (automatic suspension

of parenting time for THC6 use was erroneous without examination of MCL 712A.13a(13) and a

determination that parenting time, even if supervised, may have harmed the child’s life, physical

health or mental well-being).

III. STATUTORY GROUNDS AND BEST INTERESTS

Respondent does not challenge the trial court’s finding that statutory grounds for

termination were established by clear and convincing evidence. Thus, we may presume that the

trial court did not clearly err by finding that the unchallenged statutory grounds were established

by clear and convincing evidence. See In re JS & SM, 231 Mich App 92, 98-99; 585 NW2d 326

(1998), overruled in part on other grounds by In re Trejo, 462 Mich 341, 353-354; 612 NW2d 407

(2000). Respondent also does not challenge whether termination was in the child’s best interests;

therefore, respondent has also waived any challenge to the trial court’s findings in that regard. See

In re Rippy, 330 Mich App 350, 362 n 5; 948 NW2d 131 (2019) (explaining that an issue is deemed

abandoned if it is insufficiently briefed on appeal or not raised in the statement of questions

presented).

Affirmed.

/s/ Kathleen A. Feeney

/s/ Stephen L. Borrello

/s/ Mariam S. Bazzi

6

Tetrahydrocannabinol, or THC, is the psychoactive component of marijuana. In re Ott, 344 Mich

App at 725.

-7-

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.