Termination under § 19b(3)(h) (incarceration for more than two years); Child sexually abusive activity for the purpose of producing child sexually abusive material; MCL 750.145c(2); Best interests of the child; Waiver; Braverman v. Granger; The Cadle Co. v. City of Kentwood; Harbor erroring as an appellate parachute; Holmes v. Holmes; In re Hudson

Holding that respondent-mother waived the issue of whether termination of her parental rights was in the child’s best interests, the court affirmed the trial court’s order terminating her parental rights. She conceded that termination was appropriate after she was sentenced to 8 to 25 years for child sexually abusive activity for the purpose of producing child sexually abusive material for taking a video of the child in a sexually compromising position. However, she claimed that termination was not in the child’s best interests. The court disagreed. “At the termination hearing, respondent’s attorney stated: ‘My client understands that [termination of respondent’s parental rights] is in the best interest of her child.’” In addition, she “admitted at the termination hearing that the allegations in the petition were true and affirmatively stated that she was allowing her parental rights to be terminated.” Thus, because she “agreed with the determination below, she has waived this issue.”