Termination under §§ 19b(3)(g) & (j); In re Ellis; Reasonable reunification efforts; MCL 712A.19a(2); In re Rippy; Situations where reunification efforts are not required; Aggravated circumstances; MCL 722.638(1) & (2); MCR 3.977(E); Best interests of the child; MCL 712A.19b(5); In re Schadler; In re Olive/Metts Minors; Effect of a parent’s substance abuse; In re AH

Holding that the DHHS was not required to make reasonable reunification efforts, that §§ (g) and (j) were met, and that termination was in the child’s best interests, the court affirmed termination of respondent-mother’s parental rights. Her parental rights were terminated based primarily on her “failure to abstain from substance abuse during her pregnancy with” the child. On appeal, the court rejected her argument that the trial court erred by terminating her rights because the DHHS failed to make reasonable reunification efforts. It noted that the trial court’s findings amounted to a judicial determination that she subjected the child to the aggravating circumstances, including severe physical abuse in the form of consuming marijuana and opiates while pregnant, “identified in the petition for termination and as provided in MCL 722.638(1) and (2),” and it “satisfied the requirements of MCR 3.977(E) necessary to terminate [her] rights without requiring” the DHHS to make reasonable efforts. The court also rejected her claim that the DHHS did not prove a statutory ground for termination, finding she failed to provide proper care or custody for the child and there was no reasonable expectation that she would be able to do so within a reasonable time considering the child’s age. In addition, there was a likelihood that her behavior would cause a risk of harm to the child. Finally, as to the child’s best interests, it noted that her bond with the child was weak, and that she was incapable of providing proper care. Moreover, her “hostile relationship with [the child’s] caregiver, inappropriate and impermanent housing situation, and failure to address longstanding substance abuse and mental health issues rendered her unable to provide the type of stability and permanence that would serve the” child’s best interests.