Opinion

In Re Page Minors

Court
Michigan Court of Appeals
Filed
Feb 18, 2026
Status
Published
Cited by
0 cases
Authority
More cited than 38.8%

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UNPUBLISHED

February 18, 2026

12:10 PM

In re PAGE, Minors.

No. 374515

Muskegon Circuit Court

Family Division

LC No. 2020-001544-NA

Before: SWARTZLE, P.J., and MALDONADO and ACKERMAN, JJ.

PER CURIAM.

The trial court terminated respondent-mother’s parental rights to the minor children, GP

and RP, under MCL 712A.19b(3)(c)(i) (conditions leading to the adjudication continue to exist

with no reasonable likelihood of rectification); (g) (failure to provide proper care and custody);

and (j) (reasonable likelihood that child will be harmed if returned to respondent’s home).1

Respondent-mother argues that the trial court erred by terminating her rights and that she received

ineffective assistance of counsel. We affirm.

I. BACKGROUND

The Department of Health and Human Services (DHHS) petitioned to remove GP and RP

from respondents in April 2020. At the time, GP was two years old, and RP was one year old.

Respondents had a history of domestic violence, and the DHHS alleged additional concerns

specific to respondent-mother, including neglect, criminality, homelessness/instability, and

substance use. The children were removed, and, in May 2020, respondent-mother pleaded to

having a history of housing instability and domestic violence. The trial court issued its initial

dispositional order as to respondent-mother in June 2020. The DHHS initially placed the children

with their great-grandmother, however, because of the great-grandmother’s health problems the

1

The trial court also terminated respondent-father’s parental rights, but he is not a party to this

appeal.

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children were removed. Around December 2022, the children were placed with a paternal uncle

and his partner.

Throughout the years of proceedings, there were ongoing concerns about respondent-

mother’s relationship with Silas Burks. The children expressed significant fear of Burks, and there

were reports of domestic violence between Burks and respondent-mother. During the periods of

time when she had unsupervised visitation with her children, respondent-mother denied being in

contact with Burks; however, the children reported seeing Burks and made allegations about Burks

being violent toward respondent-mother and GP. Although not substantiated, the children also

made allegations of sexual abuse against Burks. The children had behavioral challenges

throughout the case and engaged in counseling services.

Respondent-mother’s engagement with services was sporadic. Although she completed

some parenting classes, she repeatedly began and discontinued counseling. She maintained

employment for much of the case, but she changed jobs frequently and experienced multiple

housing moves. In October 2023, the trial court suspended respondent-mother’s parenting time

after the children continued to report contact with Burks. The DHHS had learned that the great-

grandmother called 911 in August 2023 because Burks came to the home, an incident respondent-

mother failed to report to the caseworker. With regard to substance abuse, for much of the

proceedings, respondent-mother only tested positive for marijuana use, which she admitted.

However, she missed most of her drug screens, and, in February 2024, respondent-mother tested

positive for cocaine. At first, respondent-mother denied using cocaine. She later admitted to the

first positive test and denied subsequent positive tests. Also in February 2024, respondent-mother

and the children began participating in family counseling and respondent-mother’s parenting time

resumed. However, in June 2024, the DHHS moved to suspend parenting time again after

respondent-mother and Burks were seen together more than one time. Ultimately, in September

2024, the DHHS filed a petition seeking termination of respondent-mother’s parental rights.

At the termination hearing, the children’s therapist, Tamara Haase, testified as an expert in

trauma and play therapy. Respondent-mother’s counsel did not object to the trial court recognizing

Haase as an expert. Haase was a licensed therapist with a master’s degree, and she had been

previously recognized as an expert witness in the trial court. Because of the children’s ages, Haase

engaged in play therapy with them. When Haase began to work with GP, GP was consistently

dysregulated. Over time, Haase saw a “marked improvement in [GP’s] ability to regulate herself.”

Haase testified that GP had increased anxiety in April through June 2024. At that point, the

children were starting visits with respondent-mother, which took place after their appointments

with Haase. During this period, GP spoke about being nervous and scared about the visits, and

Haase spent a lot of time helping GP process her thoughts and feelings. During a June 2024

appointment, Haase noted that GP appeared to be back to her baseline and was not nervous. After

the session, Haase learned that GP was not having parenting time that day.

As to RP, Haase testified that RP would not engage in therapy at first. RP’s play often

involved her pretending that “she needed to lock the bad guy up.” Initially, RP referred to the

figure as “bad guy,” but later identified him as Burks. In November 2023, RP talked about Burks

trying “to put lava in her,” and respondent-mother not helping her. When RP talked about the

“lava,” she gestured to her pelvic region. RP also spoke about Burk touching her pelvic area.

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Additionally, RP reported Burks showing her guns and knives and telling her not tell anyone or he

would hurt her.

Haase also testified that respondent-mother had gone to Haase’s “office many times to ask

about other things,” and, eventually, Haase sought and obtained a personal-protection order to

prohibit respondent-mother from contacting her. Haase testified that, in her professional opinion,

the children were doing better since they stopped seeing respondent-mother. Although Haase

testified that she generally believes removal is traumatic and reunification should be the goal when

caregivers take appropriate steps to ensure safety, she nonetheless concluded that termination of

respondent‑mother’s parental rights would be in the children’s best interests.

At the conclusion of the hearing, the trial court terminated respondent-mother’s parental

rights. Specifically, the trial court determined that more than 182 days had elapsed since the initial

disposition, and, although progress had been made, barriers to reunification still existed. The trial

court further found that respondent-mother failed to provide proper care and custody for the

children and that she would not be able to provide proper care and custody in a reasonable time.

Moreover, there was a reasonable likelihood that the children would be harmed if returned to

respondent-mother. The trial court also determined that the DHHS made reasonable efforts and

that termination was in the children’s best interests.

Respondent-mother now appeals.

II. ANALYSIS

A. STATUTORY GROUNDS

First, respondent-mother argues that the trial court erred by terminating her parental rights.

We disagree.

We review for clear error a trial court’s factual findings and determinations about statutory

grounds. In re White, 303 Mich App 701, 709; 846 NW2d 61 (2014). Clear error exists if this

Court is left with a definite and firm conviction that the trial court made a mistake, “giving due

regard to the trial court’s special opportunity to observe the witnesses.” In re BZ, 264 Mich App

286, 296-297; 690 NW2d 505 (2004). To terminate parental rights, the trial court must find clear

and convincing evidence of at least one statutory basis for termination under MCL 712A.19b(3).

A ground for termination exists under MCL 712A.19b(3)(c)(i) if 182 or more days have

passed since the initial dispositional order, and “[t]he conditions that led to the adjudication

continue to exist and there is no reasonable likelihood that the conditions will be rectified within

a reasonable time considering the child’s age.” Termination is warranted under this statutory

ground when “the totality of the evidence amply supports” the trial court’s finding that the parent

has not achieved “any meaningful change in the conditions” that led to the trial court exercising

jurisdiction over the child. In re Williams, 286 Mich App 253, 272; 779 NW2d 286 (2009).

Indisputably, the children had been out of respondent-mother’s care for significantly longer

than 182 days. And the record clearly supported the trial court’s determination that barriers

continued to exist to reunification, including domestic violence and housing stability. We

acknowledge that “it would be impermissible for a parent’s parental rights to be terminated solely

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because he or she was a victim of domestic violence.” In re Plump, 294 Mich App 270, 273; 817

NW2d 119 (2011). But in this case, the trial court properly terminated respondent-mother’s

parental rights on the basis of respondent-mother’s actions that harmed the children or exposed

them to harm. See id. Respondent-mother was dishonest about her relationship with Burks.

Moreover, GP disclosed that Burks threw her across the room, and RP reported that Burks “tried

to put lava in her, and [respondent-mother] didn’t help.” The children were indisputably afraid of

Burks. Respondent-mother never demonstrated that she fully understood what the children had

experienced or the risks to which she had exposed them. Even as late as June 2024, over four

years after the children’s removal, respondent-mother was admittedly spending time with Burks.

By that time, respondent-mother had engaged in some services, including individual and family

counseling, and had been offered additional services. She also was told repeatedly not to be with

Burks or allow the children around him. Yet, respondent-mother continued to prioritize that

relationship over her children.

Additionally, the children’s therapist, Haase, and the foster parents sought court protection

because they feared respondent‑mother’s conduct. Although respondent‑mother lived with the

children’s great‑grandmother for a substantial period, she repeatedly moved and changed jobs

during the proceedings and relocated again shortly before the termination hearing. As a result,

domestic violence and housing instability continued to impede reunification. Respondent-mother

also admitted to a single use of cocaine, and she claimed to have worked to reduce her marijuana

use, but she never significantly addressed the concerns related to substance use. Given that the

children had been out of respondent-mother’s care for nearly five years by the time of the

termination hearing, there was no reasonable likelihood that respondent-mother would be able to

rectify the concerns in a reasonable time considering the children’s ages. See Williams, 286 Mich

App at 272-273. Therefore, the trial court did not err by terminating respondent-mother’s rights

under this statutory ground.

Next, a ground for termination exists under MCL 712A.19b(3)(j) if “[t]here is a reasonable

likelihood, based on the conduct or capacity of the child’s parent, that the child will be harmed if

the child is returned to the home of the parent.” “[A] parent’s failure to comply with the terms and

conditions of his or her service is evidence that the child will be harmed if returned to the parent’s

home.” In re White, 303 Mich App at 711.

Termination was proper under this ground for many of the same reasons that were

identified under MCL 712A.19b(3)(c)(i). Most notably, respondent-mother never addressed her

pattern of exposing herself and her children to dangerous individuals. Respondent-mother

maintained contact with Burks, whom the children feared, and she was dishonest with caseworkers

and the trial court about those contacts. Moreover, the trial court did not improperly base its

decision on respondent-mother being a victim of domestic violence. See In re Plump, 294 Mich

App at 273. Instead, the trial court properly determined that there was a reasonable likelihood that

the children would be harmed if returned to respondent-mother’s care. Even if there remained a

question about whether Burks had physically or sexually abused the children, they were plainly

terrified of him and had been diagnosed with post‑traumatic stress disorder. Respondent‑mother

also displayed ongoing aggressive conduct during the proceedings—including yelling at

caregivers and agency staff at the courthouse—and, despite participating in some services over

nearly five years, she did not show meaningful improvement. Her repeated dishonesty about

contacts with Burks and her unwillingness to acknowledge the children’s trauma demonstrated

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that she was unlikely to protect them from future harm. Accordingly, the trial court did not err in

terminating respondent‑mother’s parental rights.2

B. INEFFECTIVE ASSISTANCE OF COUNSEL

Next, respondent-mother argues that her trial counsel was ineffective for failing to object

to Haase being qualified as an expert and for failing to investigate evidence in support of her case.

We disagree.

When no evidentiary hearing on the issue has been held, this Court reviews a claim of

ineffective assistance of counsel for errors apparent on the record. People v Horn, 279 Mich App

31, 38; 755 NW2d 212 (2008). “Whether a person has been denied effective assistance of counsel

is a mixed question of fact and constitutional law.” People v LeBlanc, 456 Mich 575, 579; 640

NW2d 246 (2002). We review for clear error a trial court’s factual findings but review de novo

questions of constitutional law. In re Casto, 344 Mich App 590, 610; 2 NW3d 102 (2022).

To establish a claim of ineffective assistance of counsel, a party must show that trial

counsel was deficient and that the deficient performance was prejudicial. People v Taylor, 275

Mich App 177, 186; 737 NW2d 790 (2007). Counsel’s performance was deficient if it fell below

an objective standard of professional reasonableness. People v Jordan, 275 Mich App 659, 667;

739 NW2d 706 (2007). The deficient performance was prejudicial if, but for the error, there was

a reasonable probability that the outcome of the proceedings would have been different. In re

Casto, 344 Mich App at 612. “The effective assistance of counsel is presumed, and a party

claiming ineffective assistance bears a heavy burden of proving otherwise.” Id.

Respondent-mother argues that Haase had conflicting therapeutic and forensic

relationships. As petitioner argues on appeal, respondent-mother relies on one 1997 study but cites

no legal authority showing Haase was improperly qualified as an expert. Even if it fell below an

objective standard of reasonableness to fail to object, respondent-mother has not demonstrated that

the trial court would or should have excluded Haase’s expert testimony or that Haase’s expert

testimony prejudiced the outcome of the proceedings. There was significant evidence throughout

the nearly five years of this case that the children experienced trauma in respondent-mother’s care.

Further, there was significant evidence that respondent-mother continued contact with Burks,

despite a history of violence and the children’s fear of him. Respondent-mother had not been

honest about the children being exposed to violence in her care, nor had she shown an ability or

willingness to keep the children safe from those risks. She had not only lost her unsupervised

visitation, but her parenting time had been suspended. Even as late as June 2024, video evidence

showed respondent-mother visiting with Burks directly after parenting time with the children.

Finally, respondent-mother argues on appeal that trial counsel failed to investigate the

allegations about Burks or respondent-mother. Respondent-mother has not demonstrated what

evidence would have helped her case, and she must demonstrate the factual predicate of her claim.

2

Given our conclusions regarding these statutory grounds for termination, we need not address

respondent-mother’s arguments regarding MCL 712A.19b(3)(b) and (g). See In re Ellis, 294 Mich

App 30, 33; 817 NW2d 111 (2011).

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See People v Hoag, 460 Mich 1, 6; 594 NW2d 57 (1999). Respondent-mother briefly notes on

appeal that trial counsel did not call her counselor to testify, but she does not proffer what

information the counselor would have shared or how that would have affected the outcome of the

case when, by the time that respondent-mother started to see the counselor, the case had been open

for several years. Trial counsel called witnesses and cross-examined petitioner’s witnesses.

Accordingly, there is no basis to find that his representation fell below an objective standard of

reasonableness or prejudiced the outcome of the case.

Affirmed.

/s/ Brock A. Swartzle

/s/ Allie Greenleaf Maldonado

/s/ Matthew S. Ackerman

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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.

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