Termination under § 19b(3)(c)(i); In re Williams; MCL 712A.18f(1), (2), & (4); Ineffective assistance of counsel; People v. Carbin; People v. Henry; Factual predicate; People v. Hoag; Failure to assert the respondent’s right to accommodation under the Americans with Disabilities Act (ADA) (42 USC § 12101 et seq.); In re Terry; § 12132; Qualified individual with a disability defined (§ 12131(2)); Child’s best interests; In re White; In re Olive/Metts Minors; In re AH; In re VanDalen

The court concluded that the respondent-mother did not show that her counsel failed to timely recognize a cognizable ADA issue and thus, she did not establish a factual predicate for her ineffective assistance of counsel claim. Further, the trial court did not clearly err in finding that § (c)(i) was established by clear and convincing evidence, or in concluding that termination was in the child’s best interests. The court noted that respondent did not identify the rights granted her by the ADA or show that any of her rights under the ADA were violated by the DHHS. While it appeared that the alleged disability was “functioning at the lower end of the average range of intelligence,” and failure to effectively process incoming information, she “made no attempt to show that either of these conditions is a disability within the meaning of the ADA.” As to the sufficiency of the trial court’s findings on § (c)(i), she essentially contended that her failure to comply with services was due to the DHHS’s deficient efforts. However, the case service plan identified specific needs, described them, provided a goal, the outcome sought, and an action step for each need. The DHHS “provided referrals for individual therapy, anger management, and parenting skills, and a parent aide for parenting skills, and also provided referrals for psychological and substance abuse evaluations. Under these circumstances, the trial court did not clearly err by finding that reasonable efforts were made” to reunify the family. The evidence showed that respondent made little if any progress in understanding the child’s needs and failed to internalize the techniques needed to parent a child with behavioral issues. She was still taking medications that made her groggy and unable to stay awake to properly parent the child, and she was discharged from therapy after making little progress toward her treatment goals. At the time of the termination hearing, “a therapist’s prognosis remained guarded,” and a psychologist found there was no alternative to recommending termination. Further, the child had been in care for 495 days. Affirmed.