e-Journal Summary

e-Journal Number : 77284
Opinion Date : 04/14/2022
e-Journal Date : 04/27/2022
Court : Michigan Court of Appeals
Case Name : In re Coffey
Practice Area(s) : Termination of Parental Rights
Judge(s) : Per Curiam – Gleicher, K.F. Kelly, and Patel
Full PDF Opinion
Issues:

Termination under § 19b(3)(c)(i); Child’s best interests

Summary

Holding that § (c)(i) was established by clear and convincing evidence and termination of respondent-father’s parental rights was in the best interests of the child (JJC), the court affirmed. More than 182 days had elapsed since the initial dispositional order was entered. Also, the record supported that his “substance abuse, abandonment of JJC and lack of suitable housing and provisions for the child continued to exist at the time of the termination.” The testimony established that the father “did not participate in substance abuse therapy or any drug screens (save one), despite knowing that a missed screen constituted a positive test under” the DHHS policy. There was no evidence that he achieved sobriety. Further, he “missed 25 of the 28 scheduled visitations with JJC during a 20-month period and failed to provide any financial support for the child. Respondent also failed to adhere to the other requirements of his service plan, such as undergoing a psychiatric evaluation, continued individual therapy, continued parenting classes, maintaining consistent contact with the foster care worker, providing proof of income, and providing documentation of suitable housing. Respondent had ample time to make changes and take advantage of a variety of services that were available, but failed to do so.” Because the totality of the evidence amply supported that he did not "accomplish any meaningful change in the conditions existing at the time of the adjudication, the trial court did not clearly err in finding that termination was proper under” § (c)(i).

Full PDF Opinion