Opinion

In Re K L Workman Minor

Court
Michigan Court of Appeals
Filed
May 18, 2023
Status
Unpublished
Cited by
0 cases

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UNPUBLISHED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 K. L. WORKMAN, Minor. May 18, 2023

No. 363393

Branch Circuit Court

Family Division

LC No. 21-006173-NA

Before: MARKEY, P.J., and MURRAY and FEENEY, JJ.

PER CURIAM.

Respondent-mother appeals by right the trial court’s order terminating her parental rights

to the minor child, KW, under MCL 712A.19b(3)(c) and (j). On appeal, respondent argues that

the trial court clearly erred by finding that the statutory grounds for termination were established

by clear and convincing evidence and by finding by a preponderance of the evidence that

termination of respondent’s parental rights was in KW’s best interests. We affirm.

At birth, KW’s meconium tested positive for amphetamines, methamphetamines, and

tetrahydrocannabinol (THC). Respondent tested positive for the same drugs. After child

protective proceedings were commenced, respondent and her boyfriend, KW’s father,1 regularly

tested positive for amphetamines, methamphetamines, and THC. Drug use was the condition that

led to adjudication through pleas of admission by both parents. To respondent’s credit, she

eventually overcame her drug dependency during the proceedings, consistently posting negative

drug screens. Father, however, continued testing positive for methamphetamine use, and there

was evidence that he was, unapologetically, a daily user of the drug. The trial court noted that

father had methamphetamine-related convictions. With respect to respondent, the focus of the

case became her insistence on continuing a relationship—in some form or fashion—with father,

despite his failure to stop using methamphetamines.2 There was evidence that respondent allowed

1

He was also a respondent in the case, and his parental rights were similarly terminated. But his

parental rights are not the subject of this appeal, which solely concerns respondent-mother’s rights.

2

After KW’s birth and the initiation of proceedings, respondent again became pregnant by father.

Respondent subsequently gave birth, but that child is not at issue in this case.

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KW to be present around father during respondent’s parenting time. Respondent repeatedly lied

to petitioner’s personnel, claiming that there was no contact between her and father.3 Respondent

eventually conceded that she met regularly with father, maintaining that he always acted

appropriately and never used drugs around her or KW. Respondent purportedly wished to help

father overcome his addiction to methamphetamines, but there was expert opinion evidence that

respondent was very susceptible to relapsing relative to her own prior drug use and that she was

easily manipulated. And respondent was repeatedly informed that it was critical that she stop all

contact with father for both her own and KW’s good. There was evidence that respondent simply

did not believe that father posed a danger or a risk to KW.

On an initial petition for termination regarding both parents, the trial court terminated

father’s parental rights, finding, in part, that there was a reasonable likelihood that KW would be

harmed if she were returned to father’s care. Father did not show up for the termination hearing

and had essentially discontinued participation in the proceedings. The trial court refused, however,

to terminate respondent’s parental rights at the time because, at that juncture, it was unclear to the

court whether respondent was still in contact with father and whether respondent was being truthful

when claiming that she had ended the relationship. But the trial court warned:

The Court cannot say at this point in time that I’m clearly convinced that

the statutory criteria has been established, but that’s not to say that if we find out

that mother does still have a relationship with [father] that the Department can’t file

another petition for termination, and that will probably answer the question about

whether or not she’s truly ended that relationship with [father].

Not long thereafter, upon obtaining clear evidence that respondent and KW were still

having contact with father, petitioner filed a new petition to terminate respondent’s parental rights,

citing MCL 712A.19b(3)(c)(i) (condition leading to adjudication continues to exist), (c)(ii) (other

conditions implicating the court’s jurisdiction exist and have not been rectified), and (j)

(reasonable likelihood child will be harmed if returned to parent).

At the conclusion of the termination hearing, the trial court found that it was “clear and

convincing at this time that [respondent is] still in a relationship with [father].” The trial court

ruled that MCL 712A.19b(3)(j) was established by clear and convincing evidence. The court

reasoned that KW could be physically or emotionally harmed while in the presence of father in

light of his continuing methamphetamine use. Indeed, the court noted that at the earlier termination

hearing, it specifically found that father posed a risk of harm to KW. The trial court observed that

respondent’s conduct placed KW at risk of harm by father because respondent was facilitating

continuing contact between KW and father by not ending the relationship. The trial court then

turned its attention to MCL 712A.19b(3)(c), reciting the language in Subdivision (3)(c)(i). The

trial court stated that the condition that existed at the time of the original petition was respondent’s

drug use, which no longer was an issue. The court then posited:

3

There was also evidence that respondent had falsely claimed to have participated in Narcotics

Anonymous.

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But the other condition that existed was the fact that she was in a

relationship with [father], and by virtue of the fact she’s in a relationship with

[father], who has had his rights terminated to four other children, is a daily

methamphetamine user, does not have stable housing, puts this Court in a situation

to believe that I’m clearly convinced that that’s a condition that continues to exist.

She’s still in a relationship with him, albeit she’s not using meth herself. But we’ve

heard the testimony of the experts with regards to relapse and the potential for

relapse. Yet she continues to place herself in that situation. [Emphasis added.]

Finally, the trial court addressed KW’s best interests, concluding that termination of

respondent’s parental rights was in the child’s best interests. After first noting that KW looked

more to her foster parents for care than respondent, the trial court explained:

[I]t’s clear to the Court that mother’s prioritizing her relationship with

[father] over that of her daughter, and that her daughter . . . needs permanence. She

needs safety, she needs security, and she needs a safe . . . stable environment, and

mother is not exhibiting what needs to be to provide that for her daughter.

Respondent appeals by right.

In In re Mota, 334 Mich App 300, 320; 964 NW2d 881 (2020), this Court set forth the

following framework with respect to appeals challenging the statutory grounds for termination and

the best-interests determination:

If a trial court finds that a single statutory ground for termination has been

established by clear and convincing evidence and that it has been proved by a

preponderance of the evidence that termination of parental rights is in the best

interests of a child, the court is mandated to terminate a respondent’s parental rights

to that child. This Court reviews for clear error the trial court’s ruling that a statutory

ground for termination has been established and its ruling that termination is in the

children’s best interests. A finding is clearly erroneous if the reviewing court has a

definite and firm conviction that a mistake has been committed. When applying the

clear error standard in parental termination cases, regard is to be given to the special

opportunity of the trial court to judge the credibility of the witnesses who appeared

before it. [Quotation marks, citations, brackets, and ellipses omitted.]

MCL 712A.19b(3)(c)(i), (c)(ii), and (j) were implicated in this case, and they authorize

termination under the following circumstances:

(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.

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(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.

***

(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.

Respondent first argues that the trial court clearly erred by finding that there was clear and

convincing evidence supporting termination under MCL 712A.19b(3)(j). Respondent

acknowledges that there was contact between her and father at times, including when KW was

present, but that there was no evidence that KW was emotionally or physically harmed. She

contends that the contact with father did not and would not interfere with her care of KW and that

she had not done anything to place KW at risk of harm.

We conclude that respondent’s argument reflects a misinterpretation of MCL

712A.19b(3)(j). The fact that KW had thus far not been harmed misses the point, considering that

MCL 712A.19b(3)(j) examines the question whether it is reasonably likely that a child “will be

harmed” in the future if returned to his or her parent. The evidence of the father’s instability and

daily methamphetamine use and respondent’s insistence that she and KW continue to have contact

with father constituted adequate evidence demonstrating a reasonable likelihood that KW would

be emotionally or physically harmed if she were returned to respondent’s care. See In re Sanborn,

337 Mich App 252, 279; 976 NW2d 44 (2021) (“The harm contemplated under MCL

712A.19b[3][j] includes emotional harm as well as physical harm.”). This is especially true given

the expert opinions that respondent was vulnerable to relapsing in regards to her past drug use and

that she was easily manipulated. The fact that respondent was more than willing to lie about the

contacts and relationship with father further supported the trial court’s ruling. We thus hold that

the trial court did not clearly err by finding that MCL 712A.19b(3)(j) was proven by clear and

convincing evidence. This ground alone suffices to uphold the trial court’s ruling in connection

with the statutory grounds for termination. See In re Mota, 334 Mich App at 320. Nevertheless,

we shall proceed to examine MCL 712A.19b(3)(c).

With respect to MCL 712A.19b(3)(c)(i), respondent argues that her plea of admission

concerned testing positive to various drugs and had nothing to do with her relationship with father;

therefore, the relationship was not a condition that led to the adjudication and MCL

712A.19b(3)(c)(i) was inapplicable. Petitioner agrees that the “relationship” was not part of the

admission on the record at the time of adjudication. But petitioner maintains that the relationship

still constituted a condition that led to adjudication because the “relationship and drug use were

intertwined.” We agree with respondent that MCL 712A.19b(3)(c)(i) did not apply because the

condition that led to adjudication was solely respondent’s drug use; the issue regarding

respondent’s relationship with father and the potential harm that it created developed later in the

proceedings.

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Respondent further argues that to the extent that the trial court was relying on MCL

712A.19b(3)(c)(ii), the evidence did not support its application because there was no evidence that

KW was harmed during the limited contacts between KW and father and because the contacts

between father and respondent did not necessarily mean that respondent would relapse and return

to using drugs even if theoretically likely. We disagree. The language employed by the trial court

plainly fit within the parameters of MCL 712A.19b(3)(c)(ii). The ongoing relationship qualified

as an “[o]ther condition[]” that would have been adequate to trigger the court’s jurisdiction. And

respondent received recommendations to rectify that condition, which was not rectified after she

was given a reasonable opportunity to do so. The evidence of long-term deception by respondent

on the matter and her continuing actions to stay in contact with father demonstrated that there was

no reasonable likelihood that the condition would be rectified within a reasonable time considering

KW’s age. We hold that there was no clear error in the determination that MCL 712A.19b(3)(c)(ii)

was established by clear and convincing evidence.

With respect to the trial court’s best-interests ruling, the sole argument made by respondent

on appeal is that KW and respondent’s newborn are currently in foster care together, that there is

a possibility that respondent’s parental rights to her newborn might not be terminated, that “the

result would be separation of the siblings,” and that it would be in the best interests of both children

to keep KW’s “case open pending the outcome of [the newborn’s] case.”

In In re Mota, 334 Mich App at 321, this Court discussed the best-interests analysis, stating

as follows:

With respect to a child’s best interests, we focus on the child rather than the

parent. In assessing a child’s best interests, a trial court may consider such factors

as a 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. The trial court may also consider a parent’s history of domestic

violence, the parent’s compliance with his or her case service plan, the parent’s

visitation history with the child, the children’s well-being while in care, and the

possibility of adoption. The trial court may also consider how long the child was in

foster care or placed with relatives, along with the likelihood that the child could

be returned to the parents’ home within the foreseeable future, if at all. [Quotation

marks, citations, and brackets omitted.]

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We find that respondent’s cursory argument is speculative and a bit convoluted. The

reasons the trial court provided for determining that it was in KW’s best interests to terminate

respondent’s parental rights, cited and quoted above, were legally sound and supported by the

record. It is not in KW’s best interest to delay her permanence and stability during the pendency

of her siblings case. If respondent has another child, it would be contrary to KW’s best interest to

continue waiting for some uncertain event in the future. While it is DHHS’s policy to keep siblings

together, there is no policy reason to delay termination because a new sibling has been added to a

pending child protective case. Accordingly, we hold that there was no clear error in regard to the

court’s best-interests ruling.

We affirm.

/s/ Jane E. Markey

/s/ Christopher M. Murray

/s/ Kathleen A. Feeney

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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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