Opinion

In Re D M West Minor

Court
Michigan Court of Appeals
Filed
Sep 1, 2022
Status
Unpublished
Cited by
0 cases
Authority
More cited than 1.4%

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UNPUBLISHED

In re D. M. WEST, Minor. September 1, 2022

No. 359043

Wayne Circuit Court

Family Division

LC No. 2016-523267-NA

Before: RIORDAN, P.J., and BORRELLO and LETICA, JJ.

PER CURIAM.

In this case involving termination of parental rights, father appeals as of right the trial

court’s order terminating his parental rights to his minor child, DMW, under MCL

712A.19b(3)(c)(i) (conditions of adjudication continue to exist), (c)(ii) (failure to rectify other

conditions), (g) (failure to provide proper care and custody when financially able to do so), and (j)

(reasonable likelihood that child will be harmed if returned to parent). For the reasons set forth in

this opinion, we affirm.

I. BACKGROUND

On October 17, 2018, a petition was filed regarding DMW, in which petitioner sought to

remove the child from the home, terminate the parental rights of mother,1 make DMW a temporary

court ward, and require father to comply with a treatment plan. The initial petition did not seek

termination of father’s parental rights. Mother’s parental rights to another child had been

terminated in June 6, 2018,2 and the instant petition was assigned the same case number as the

previous termination proceedings.

The petition regarding DMW alleged in relevant part with respect to mother that she had

untreated mental health issues, that she was not compliant with her required medication, that she

did not make any attempt to care for or interact with DMW while in the hospital after he was born,

1

Mother is not a party to this appeal and will only be discussed as necessary to provide factual

context.

2

Matters pertaining to the other child and previous termination are not at issue in the instant appeal.

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that Child Protective Services (CPS) had been unable to locate mother since she was discharged

from the hospital, and that mother had not visited DMW or assisted in his care since birth.

Regarding father, the petition alleged that it was contrary to DMW’s welfare to remain in father’s

care and custody because father did not have housing independent of mother, did not have any

other suitable housing options, was currently on probation, and had a history of consistent and

frequent contacts with the criminal justice system dating back to 1981 that presented a substantial

risk of harm to DMW.

At the October 19, 2018 preliminary hearing, father was present at the hearing and

indicated that he was the legal and biological father of DMW. Father had signed an affidavit of

parentage. CPS investigator Joselynn Sauls was the petitioner in this matter, and she testified

consistently with the allegations in the petition. Sauls also testified that father’s address was the

same as the address for mother, as well as mother’s sister and mother. The petition was authorized,

DMW was placed with the Department of Health and Human Services (DHHS) for care and

supervision, and father was given supervised parenting time.

At a hearing held on December 6, 2018, the trial court assumed jurisdiction over DMW

with respect to father based on father’s plea of admission to certain allegations in the petition.

Father specifically admitted that he did not currently have suitable housing, that he had an

extensive criminal history, and that he was currently on probation for making a fraudulent real

estate conveyance. Father indicated that he had completed parenting classes and was working on

obtaining adequate housing. Father also explained that he currently lived with mother’s daughter

because mother “left her house in the care of her daughter.” Father acknowledged that he did not

have his own independent housing, but he explained that he was looking for housing and was “on

disability.” Father’s plea was accepted.

The disposition was conducted during the same proceeding. The trial court ordered father

to complete and benefit from services that included parenting classes, maintain suitable housing

and a legal source of income, maintain contact with the DHHS worker, and attend all court

hearings. Although the DHHS requested an order requiring father to participate in individual

therapy, the referee declined to recommend that this requirement be included in the order but

indicated that the DHHS could renew this request later “if it seems to be an issue.” The referee

stated that housing was the “biggest barrier” to reuniting the child with father.3

At the dispositional review hearing held on March 21, 2019, father testified that he received

$771 per month in disability based on depression. According to father, he was diagnosed with

depression in 1986 or 1996 and he was not currently being treated for his depression. Father also

testified that he had obtained housing, that he was paying rent, and that DMW could live there.

Father claimed that foster-care case manager Loretta Wiggins had already had an opportunity to

conduct a home assessment on March 20, 2019. Additionally, father testified that he had

completed parenting classes and that he only missed parenting time visits if “they either canceled

3

Following a bench trial during the same hearing, the trial court terminated mother’s parental

rights to DMW based on mother’s essential abandonment of the child, lack of contact with the

child since birth, unresolved mental health issues, and previous termination of her parental rights

to another child. Mother’s whereabouts were still unknown, and she was not present at the hearing.

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or for some reason that they decided not to have the visit.” Father maintained that he was not at

fault for missing any visits.

Wiggins testified that she would investigate father’s disability income, which would

qualify as a legal source of income. Wiggins further testified that three of father’s visits with

DMW had been cancelled because the agency was closed, that father had been offered make-up

visits, that he had previously received bus passes, and that father currently had his own source of

transportation. Wiggins acknowledged that father had completed a parenting class. However, she

indicated that father’s treatment plan should include Infant Mental Health because father had

difficulty soothing DMW during visits and needed more one-on-one assistance with developing

parenting skills. Wiggins also requested that father complete a psychiatric evaluation and

individual therapy based on his psychological diagnosis. Wiggins opined that father’s visits with

the child were appropriate but that there did not appear to be a bond between father and DMW.

She believed father should have more parenting time to allow for that bond to develop.

With respect to housing, Wiggins testified that she went to father’s home but one of the

household members did not cooperate with the interview process. Wiggins assessed the home,

and it was physically satisfactory, but the home assessment could not be fully completed without

investigating the household members. Father had not provided any utility bills in his name, but he

provided documentation that father was paying rent. Wiggins stated that father had now complied

with everything that had been asked of him but explained, however, that she had only received the

information about father’s income and housing at the hearing despite having asked for it multiple

times before. Wiggins had ongoing concerns about father’s parenting ability.

Counsel for petitioner requested that the court order father to undergo a psychiatric

evaluation, because of his admitted disability and currently untreated mental health issues, so as

to resolve this issue and ensure the safety of the child. The trial court ordered Infant Mental Health

services, as well as a psychiatric evaluation and any recommended follow-up. The referee stated

on the record at the hearing, “I’m not gonna order the individual therapy at this time because we

don’t even know if he needs the individual therapy. But we just want to make sure that whatever

mental-health issues there are or if they were in the past that they’re in check.” Father stated on

the record that his mental health was not an issue and should not prevent the return of his child.

Father also stated that he understood the order to undergo a psychiatric evaluation and complete

any recommended follow-up.

At the next hearing on May 17, 2019, Wiggins testified that she did not know where father

was currently living. Father had told her that his current home was not going to work and that he

was looking for new housing. Father did not miss any parenting time visits, but it had been

reported that father still was unable to sooth DMW. Father left a visit early and was often frustrated

during visits. At the hearing, Wiggins requested a parenting coach for father. When father’s

counsel asked Wiggins what was preventing the return of DMW to father, Wiggins explained that

she did not know where father currently lived and that a child cannot be returned to an unknown

home. Wiggins explained further that she did not yet have any information about father’s current

mental health status. Father testified that he had recently completed two psychiatric evaluations

and signed appropriate releases. He also claimed to have just purchased a house that would be

ready in about five days. The trial court ordered a parenting coach.

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As the case progressed over the course of the next two years, father failed to obtain suitable

housing that could be approved by the foster-care worker and father continued to delay in actually

undergoing a psychiatric evaluation. It became evident that father had only completed a

psychological evaluation and had not completed a psychiatric evaluation. The psychological

evaluation recommended a psychiatric evaluation. Father informed the referee on the record that

he did not need Infant Mental Health or parent partner services. The trial court ordered a

psychiatric evaluation and Infant Mental Health services as it had previously. The trial court also

ordered a parent partner.

With respect to housing, father claimed that his house was not suitable for DMW and that

he was fixing it up. He asked about having another home assessed but did not provide any

information. Foster-care case manager Donna Jones provided father with an application for low-

income housing. Father told a foster-care worker that he wanted DMW to go live with father’s

sister in Tennessee, but father did not provide any contact information for his sister. There were

times where father’s whereabouts were unknown or he failed to return phone calls. Finally, father

allowed foster-care case manager Amy Strick to assess his home at some point in August 2020.

However, the home did not have any smoke detectors or furniture, and father had not provided any

documentation that the utilities were in his name or that he had an actual possessory interest. Strick

testified that it did not look like anybody lived there. Father subsequently claimed not to live in

this home and provided more homes for Strick to assess without providing a permanent address

where he actually resided.

On April 19, 2021, a supplemental petition was filed seeking termination of father’s

parental rights to DMW pursuant to MCL 712A.19b(3)(c)(i), (c)(ii), (g), and (j). The petition

alleged that father had failed to comply with his court-ordered services and treatment plan that

included maintaining suitable housing, maintaining a legal source of income, completing parenting

classes, completing psychological and psychiatric evaluations, maintaining contact with foster-

care workers, and attending all court hearings.

The trial was held on September 22, 2021. Father was present. Father’s August 2021

psychiatric evaluation report was admitted as an exhibit. Strick testified that DMW had come into

care because mother had abandoned him, father did not have suitable housing, and father had an

extensive criminal history. Mother’s parental rights were terminated, and father was ordered to

comply with a treatment plan that consisted of maintaining safe and suitable housing, maintaining

a legal source of income, parenting classes, completing psychological and psychiatric evaluations,

maintaining contact with foster-care workers, and attending all court hearings. Father had been

referred for all court ordered services multiple times.

Father completed a parenting class in 2018 but did not show that he benefitted from it.

Strick explained that father’s visits with DMW after this class were still not going well, that a

subsequent psychological evaluation recommended that he needed further parental support, and

that he scored poorly on the parenting evaluation in that psychological assessment. He was

referred for additional parenting classes multiple times, but he did not complete subsequent

parenting classes.

Strick also testified about father’s housing situation. She assessed a home for father in

August 2020, but it was not suitable because it did not have furniture or smoke detectors and there

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was no documentation of utility bills. Other homes that father requested to have assessed were

also not approved. Recently, on September 7, father had asked Strick to assess the home of a

friend with whom he was planning to move in. Strick stated that the requisite background checks

were being conducted regarding this home.

Strick stated that father had also not provided documentation of a legal source of income.

Although father had indicated that he received Social Security disability income, he did not provide

Strick with documentary proof despite her requests. Father had only provided documentation of

his Social Security income to a previous worker in 2019. Father was also sporadic in maintaining

contact with Strick.

According to Strick, father never completed the parent partner program even though he

was referred for the service multiple times. Initially, the service provider was unable to reach

father. When contact was eventually established, the parent partner worker reported that father

was verbally abusive to her and terminated the service because she did not feel comfortable

working with him. Father completed two psychological evaluations. Despite being referred for a

psychiatric evaluation 10 times during the course of the case, father did not complete this

evaluation until August 2021. Strick testified that father “flat out refused to do a psychiatric

evaluation” until recently. Strick had concerns about father’s mental health because his recent

psychiatric evaluation recommended psychotropic medication and father had refused to submit to

a psychiatric evaluation earlier. The psychiatric evaluation report indicated that father was

diagnosed with personality disorder and depression. According to Strick, the psychological

evaluation report included similar diagnoses. Strick testified that father was never referred for

Infant Mental Health services.

Father missed 44 of 127 offered visits with DMW. Strick had observed some of the

visitation. Father had also been late for visits and had left visits early. Strick stated that father had

difficulty soothing DMW in the beginning but that father had recently shown improvement in his

interactions with the child and DMW got upset when father failed to show up. Strick clarified that

father’s behavior in visits had improved, but his consistency in attendance had not. DMW had

been placed in a “preadoptive” home since April 2021, and he was doing well in his current

placement.

On cross-examination, father’s counsel questioned Strick as follows regarding father’s

mental health diagnoses:

Q. Okay. Now with those diagnosis [sic] did it occur to you that maybe he

should be offered some specialized services?

A. Absolutely.

Q. Okay. And were those offered?

A. We discussed that many, many times and he was in denial that he needed

mental health help. He said that that was not something that was any of my

business.

* * *

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Q. Well, let me ask you this: Did you ever try to do something beyond what

you would normally do for a person that doesn’t have any types of personality

disorders or depression?

A. No.

Q. Okay.

A. We just got the diagnosis recently so there wasn’t really, I mean, I’m not

I guess I’m not understanding what other services beside if he’s recommended for

parenting classes he’s referred for parenting classes and that’s nothing beyond that

was done, no.

Strick provided additional clarification on redirect:

Q. With regard to specialized services, isn’t parent partner a specialized

service?

A. That is, yes.

Q. Okay. And what is the role of a parent partner? Why does the Court

order it or why are those referrals made?

A. A parent partner is somebody that has gone through the system

themselves and had a CPS case history and have completed successfully and are

able to mentor our clients in the process and navigating the parenting, and they

actually do one-on-one parenting in the home or any other supervised setting if need

be.

Q. Okay. And that parent partner could also assist with advising a parent

with regard to parenting techniques as well?

A. Yes.

Q. Is that correct?

A. Correct.

Q. Father has either refused or failed to comply with that service, is that

true?

A. Correct.

Strick indicated that termination of father’s parental rights was recommended because he

had not rectified the issues that brought the child into care, it did not seem that father could do so

if given a specific amount of time, and father was not currently able to provide proper care and

custody for the child. Strick believed termination was in DMW’s best interest because father could

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not currently care for the child, meet his needs, or keep him safe from harm. Additionally, the

current foster family could provide permanency and stability.

The trial court terminated father’s parental rights. Father now appeals.

II. REASONABLE EFFORTS

Father first argues that the trial court erred in terminating his parental rights because

reasonable efforts were not made to preserve the family. Specifically, father asserts that he was

not provided with services tailored to his mental-health related disability as required by the

Americans with Disabilities Act (ADA), 42 USC 12101 et seq. Father argues that the DHHS was

on notice of his disability as a result of his testimony at the March 21, 2019 hearing that he received

Social Security disability income based on his depression. In his appellate brief, father states,

“While there was lip-service, and even some Court orders requiring Infant Mental Health, Parent

Partner, and a parenting coach or other supportive parenting assistance, it is uncontroverted that

none of these services ever happened.”

This Court generally reviews a trial court’s finding “that reasonable efforts were made to

preserve and reunify the family” for clear error. In re Fried, 266 Mich App 535, 542-543; 702

NW2d 192 (2005). “A finding is clearly erroneous if, although there is evidence to support it, we

are left with a definite and firm conviction that a mistake has been made.” In re Schadler, 315

Mich App 406, 408; 890 NW2d 676 (2016) (quotation marks and citation omitted). Reunification

efforts are not reasonable if the DHHS “has failed to modify its standard procedures in ways that

are reasonably necessary to accommodate a disability under the ADA.” In re Hicks/Brown, 500

Mich 79, 86; 893 NW2d 637 (2017).

In general, and with the exception of certain enumerated circumstances not applicable in

this case,4 the DHHS has an affirmative duty under Michigan’s Probate Code, MCL 710.21 et seq.,

to make reasonable efforts to reunify a family before seeking to terminate parental rights. In re

Hicks/Brown, 500 Mich at 85 & n 4, citing MCL 712A.18f(3)(b) and (c); MCL 712A.19a(2).

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

under the Probate Code.” In re Hicks/Brown, 500 Mich at 86. As our Supreme Court explained,

“Title II of 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., quoting

42 USC 12132. “Absent reasonable modifications to the services or programs offered to a disabled

parent, the Department has failed in its duty under the ADA to reasonably accommodate a

disability.” In re Hicks/Brown, 500 Mich at 86. Consequently, the Department has also “failed in

its duty to make reasonable efforts at reunification under MCL 712A.19a(2).” Id.

In this case, the record reflects that the trial court ordered numerous services that could

have potentially been of benefit to father in light of his mental health issues, including a psychiatric

evaluation, Infant Mental Health, parenting classes, parent partner, and a parenting coach. Father

also completed a psychological evaluation that recommended a psychiatric evaluation. It was

4

There is no argument that any of the enumerated circumstances apply in this case.

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determined early in the case that father received Social Security disability income based on his

depression, and it was this fact that prompted the attempts to implement services directed at

assessing the status of father’s mental health so as to accurately determine the nature of services

he needed.

Viewing the record in its entirety, it is clear that despite any shortcomings on the part of

the DHHS, father did not wish to participate during the course of the proceedings below in the

services that he now claims on appeal should have been implemented. Father stated on the record

that he did not need Infant Mental Health or parent partner services. The parent partner service

was eventually implemented, but it was terminated after father verbally abused the worker. Father

was ordered to complete a psychiatric evaluation, based on the nature of his claimed disability,

and he was referred for this service 10 times before he finally completed it shortly before the

termination trial. Father waited more than two years to follow through with completing his

psychiatric evaluation. The purpose of ordering father to complete a psychiatric evaluation was to

assess the nature of his mental health so as to determine what services would be beneficial for him.

By refusing to participate in this evaluation, father effectively prevented further relevant services

from being implemented.

Thus, the record reflects that the DHHS attempted to work with father and provide him

with appropriate services responsive to his mental health disability, but father failed to sufficiently

participate and benefit from the services offered. More specifically, father affirmatively

disavowed any need for such services on the record and seemed, through his actions, to show that

that he did not believe he needed such services. “While the DHS has a responsibility to expend

reasonable efforts to provide services to secure reunification, there exists a commensurate

responsibility on the part of respondents to participate in the services that are offered.” In re Frey,

297 Mich App at 248. This includes the requirement that the respondent “sufficiently benefited

from the services provided.” Id.

The circumstances of this case are factually distinguishable from those in In re Newman,

189 Mich App 61; 472 NW2d 38 (1991). In that case, the respondents’ issues that led to the

removal of their children, and termination of their parental rights, involved dirty, unsafe, and

unsanitary home conditions, as well as poor personal hygiene of all the family members. Id. at 62-

64. On appeal, this Court acknowledged that the respondents had struggled with keeping their

home clean enough to make it habitable for children but further stated that “it is also readily

apparent from the testimony that respondents, particularly Wendy Newman because of her limited

intellectual capacity, needs hands-on instruction, most probably repeatedly, on how to clean and

maintain the home.” Id. at 65-66. In concluding that the trial court erred by relying on the

conditions in the home as a basis for terminating the respondents’ parental rights, id. at 67, this

Court reasoned in pertinent part as follows:

The homemaker assigned to this family testified that she purchased cleaning

supplies for respondents, but quite some time ago stopped going into the house

because it was so dirty. This was the person who was supposed to help respondents

remedy this problem, but she refused. How then can we say there is no reasonable

likelihood that the conditions in the home would not be rectified within a reasonable

time when the one person who could have helped respondents remedy the

conditions refused to do so? [Id. at 66.]

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Additionally, this Court noted the evidence that the respondents demonstrated during the

course of the case an ability and willingness to learn, as well as noticeable improvements in

keeping the house clean. Id. at 66-67. This Court also noted that the respondents’ infant child had

not been removed from their care despite the alleged filthy home conditions. Id. at 67. The

Newman Court concluded: “[R]espondents were not given a full and fair opportunity to maintain

the home. They need help. It was not shown that after being given consistent assistance they still

did not rectify the conditions.” Id. at 67-68.

Here, unlike the circumstances in Newman, it was father—not the DHHS—who sabotaged

his opportunities to participate in and benefit from services designed to address his mental health

issues in relation to his ability to parent. Father appears to at least tacitly acknowledge as much

on appeal. However, father seems to argue that due to the nature of his alleged mental health

disability, the DHHS was essentially required to absolutely ensure that father engaged with his

services because father could not be expected to follow through with anything on his own. This

extreme level of “hand-holding” is far beyond what could be considered a reasonable

accommodation of father’s disability or reasonable efforts at reunification. See In re Hicks/Brown,

500 Mich at 85-86. As this Court has explained:

The ADA does not require petitioner to provide respondent with full-time, live-in

assistance with her children.

Respondent’s contention that she needed even more assistance from

petitioner to properly care for her children merely provides additional support for

the family court’s decision to terminate her parental rights. After her children have

come within the jurisdiction of the family court, a parent, whether disabled or not,

must demonstrate that she can meet their basic needs before they will be returned

to her care. If a parent cannot or will not meet her irreducible minimum parental

responsibilities, the needs of the child must prevail over the needs of the parent. [In

re Terry, 240 Mich App at 27-28 (quotation marks and citations omitted).]

In this case, the trial court did not clearly err by finding that father was provided with

reasonable reunification efforts. In re Fried, 266 Mich App at 542-543.

III. STATUTORY GROUNDS

Father next argues that the trial court erred by terminating his parental rights because there

was not clear and convincing evidence that one of the statutory grounds for termination was

established.

A trial court’s decision that a statutory ground for termination has been proven by clear

and convincing evidence is reviewed for clear error on appeal. In re Fried, 266 Mich App at 541.

“In order to terminate parental rights, the court must find that at least one of the statutory

grounds set forth in MCL 712A.19b has been met by clear and convincing evidence.” Id. at 540-

541. As grounds for termination, the trial court cited MCL 712A.19b(3)(c)(i), (c)(ii), (g), and (j),

which provide as follows:

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(3) The court may terminate a parent’s parental rights to a child if the court

finds, by clear and convincing evidence, 1 or more of the following:

* * *

(c) The parent was a respondent in a proceeding brought under this chapter,

182 or more days have elapsed since the issuance of an initial dispositional order,

and the court, by clear and convincing evidence, finds either of the following:

(i) The 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.

(ii) Other conditions exist that cause the child to come within the court’s

jurisdiction, the parent has received recommendations to rectify those conditions,

the conditions have not been rectified by the parent after the parent has received

notice and a hearing and has been given a reasonable opportunity to rectify the

conditions, and there is no reasonable likelihood that the conditions will be rectified

within a reasonable time considering the child’s age.

* * *

(g) The parent, although, in the court’s discretion, financially able to do so,

fails to provide proper care or custody for the child and there is no reasonable

expectation that the parent will be able to provide proper care and custody within a

reasonable time considering the child’s age.

* * *

(j) There is a reasonable likelihood, based on the conduct or capacity of the

child’s parent, that the child will be harmed if he or she is returned to the home of

the parent.

Here, DMW was removed from father’s care based in part on his lack of adequate housing.

Father was adjudicated based on his plea of admission to allegations in the petition, which included

father’s admission that he lacked suitable housing. Throughout the duration of this case, which

lasted almost three years, father was never able to rectify this condition. At various times, father

either had no permanent address or he claimed to have a residence but it could not be approved

due to its physical conditions or issues with the other people living in the residence. DMW had

been in foster care for virtually his entire life, and father still had not demonstrated that he could

provide the basic requirement of suitable housing for his child. Accordingly, the trial court did

not clearly err by finding that MCL 712A.19b(3)(c)(i) had been proven by clear and convincing

evidence. “Only one statutory ground for termination need be established.” In re Olive/Metts

Minors, 297 Mich App 35, 41; 823 NW2d 144 (2012).

IV. BEST INTERESTS

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Finally, father challenges the trial court’s decision that terminating his parental rights was

in DMW’s best interests.

The trial court’s best-interests determination is reviewed for clear error. In re Fried, 266

Mich App at 541.

“If the court finds that there are grounds for termination of parental rights and that

termination of parental rights is in the child’s best interests, the court shall order termination of

parental rights and order that additional efforts for reunification of the child with the parent not be

made.” MCL 712A.19b(5). “Once a statutory ground for termination has been proven, the trial

court must find that termination is in the child’s best interests before it can terminate parental

rights.” In re Olive/Metts Minors, 297 Mich App at 40. “[W]hether termination of parental rights

is in the best interests of the child must be proved by a preponderance of the evidence.” In re

Moss, 301 Mich App 76, 90; 836 NW2d 182 (2013).

At the best-interest stage, the focus is on the child and not the parent. Id. at 87. “In deciding

whether termination is in the child’s best interests, the court may consider the child’s bond to the

parent, the parent’s parenting ability, the child’s need for permanency, stability, and finality, and

the advantages of a foster home over the parent’s home.” In re Olive/Metts Minors, 297 Mich App

at 41-42 (citations omitted). A court may also consider the length of time that the minor child was

placed in foster care and the likelihood that the child could be returned to the parent’s home within

the foreseeable future. In re Frey, 297 Mich App at 248-249.

Here, DMW had been in foster care for all three years of his life. During that time, father

never demonstrated that he was able to accomplish the basic task of obtaining suitable housing

that could be approved by the DHHS, despite the length of time and assistance he received. Given

father’s track record with his housing situation, as well as his failure to adequately complete and

benefit from other services aimed at addressing his mental health and parenting issues, it did not

appear likely that DMW could be returned to father’s care within a reasonable time given the

child’s age. DMW needed permanency and stability. The trial court thus did not clearly err by

finding that terminating father’s parental rights was in the child’s best interests. In re Fried, 266

Mich App at 541.

Affirmed.

/s/ Michael J. Riordan

/s/ Stephen L. Borrello

/s/ Anica Letica

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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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