Reasonable reunification efforts; In re Hicks/Brown; MCL 712A.19a(2); Children’s Protective Services (CPS); Guardian ad litem (GAL)

Holding that the DHHS “failed to make reasonable efforts at family reunification because its efforts did not reasonably accommodate” respondent-mother’s intellectual disability, the court vacated the trial court’s order terminating her parental rights, and remanded. Applying Hicks/Brown here, the court concluded “that the DHHS failed to provide specific services to accommodate respondent’s intellectual disability, and thus failed in its duty to make reasonable efforts at reunification under MCL 712A.19a(2).” From the record, particularly considering the testimony of the foster care worker and CPS investigator, it was “clear that the DHHS did not modify its procedures to reasonably accommodate respondent’s disability with respect to this most recent request for termination.” The children’s GAL “filed a brief on appeal, in which the GAL noted, ‘It is concerning that [the] DHHS did not offer respondent specialized services if she was truly impaired,’ but noted that ‘the record is devoid of information pertaining to the extent of respondent’s impairment.’” The court found this was “not a basis to conclude that the DHHS’s efforts were reasonable, however. The DHHS knew that respondent had an intellectual disability from the beginning of these termination proceedings because it said as much in its original petition. ‘Once the Department knew of the disability, its affirmative duty to make reasonable efforts at reunification meant that it could not be passive in its approach as far as the provision of accommodations is concerned.’” That the record lacked “‘information pertaining to the extent of respondent’s impairment’ is a result of the DHHS’s passive approach to accommodating respondent’s disability. Stated otherwise, it is indicative of the DHHS’s lack of reasonable efforts.” Thus, the court was “definitely and firmly convinced that the trial court made a mistake when it found that the DHHS made reasonable efforts to reunify respondent and the children because ‘efforts at reunification cannot be reasonable under the Probate Code unless the [DHHS] modifies its services as reasonably necessary to accommodate a parent’s disability.’”