e-Journal Summary

e-Journal Number : 70358
Opinion Date : 04/23/2019
e-Journal Date : 05/08/2019
Court : Michigan Court of Appeals
Case Name : In re Medina-Ovalle
Practice Area(s) : Termination of Parental Rights
Judge(s) : Per Curiam – Borrello, Shapiro, and Riordan
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Issues:

Termination under §§ 19b(3)(g), (h), & (j); In re Trejo Minors; In re Olive/Metts Minors; In re VanDalen; MCL 712A.19b(1); MCR 3.977(I)(1); Reasonable reunification efforts; In re Moss Minors; MCR 3.911(E); MCL 712A.2(b); MCR 3.911(E)(1)-(4)

Summary

The court held that the trial court properly terminated respondent-father’s rights to the child (J) where § (j) was established by clear and convincing evidence. Also, it held that the requirements of MCR 3.977(E) were met and reunification efforts were not required. There was evidence that the father had a long history of substance abuse, he exposed J to illegal drugs and drug paraphernalia, and he cared for J while he was under the influence of narcotics. Moreover, he “refused to acknowledge and seek treatment for his substance abuse during the time that CPS investigated him before mother died of an overdose.” On this record, the court “was not left with a definite and firm conviction that the trial court erred in finding that there was a reasonable likelihood that” J would be harmed if he was returned to his care. Affirmed.

Full PDF Opinion