Best interests of the child; MCL 712A.19b(5); In re White

Holding that termination was in the child’s best interests, the court affirmed termination of respondent-mother’s parental rights. Her rights were terminated after the child experienced withdrawal symptoms on birth, and after respondent failed make progress and benefit from services. On appeal, the court rejected her argument that termination was not in the child’s best interests. “Respondent was afforded an opportunity to bond with the child, but she failed to make an effort to establish a bond.” In addition, her “lack of parenting ability weighed in favor of” termination, as did the child’s “need for permanency, respondent’s failure to comply with her treatment plan, and respondent’s lack of consistent visitation . . . .” Further, the child “was doing well with both her foster family and in the care of her father, and the foster family was willing to adopt the child if she could not be returned to her father. These factors also weighed in favor of termination.” Moreover, contrary to respondent’s arguments, her parental rights “were not terminated because of poverty or the COVID-19 pandemic.” The primary concerns in this case were her “failure to attend drug screens, failure to rectify her substance abuse issue, and failure to attend visits. Respondent was provided assistance in those areas to overcome the effects of her poverty and the pandemic, but she failed to make a commensurate effort to participate or benefit from services.” And her claim that termination was improper because her rights to two older children were not terminated was meritless. “The trial court dismissed the child’s older brother from the petition because he turned 18 years old and respondent’s other child was in a guardianship. There was no finding that respondent had the ability to parent either of these children.” Finally, the court rejected her contention that the child would “suffer from not knowing her, and the trial court should have granted custody to the father rather than terminate her parental rights.” It noted the father “did not want to file for a custody order and the trial court found that it was unable to require him to seek one.” It also found “it was not safe for the child to have a legal relationship with respondent or for respondent to have the ability to attempt to gain custody of her in the future.”