e-Journal Summary

e-Journal Number : 80561
Opinion Date : 11/21/2023
e-Journal Date : 12/06/2023
Court : Michigan Court of Appeals
Case Name : In re Downey
Practice Area(s) : Termination of Parental Rights
Judge(s) : Per Curiam - O'Brien, K.F. Kelly, and M.J. Kelly
Full PDF Opinion
Issues:

Termination under §§ 19b(3)(a)(ii), (c)(i), (h), (j), & (k)(i); Best interests of the child; In re Keillor; History of substance abuse; In re Rippy; Parent-child bond; In re White; Relative placement

Summary

Holding that termination was in the child’s best interests, the court affirmed termination of respondent-father’s parental rights. His rights were terminated on the basis of domestic violence against the child’s mother, forfeiture of his parental rights to two other children, neglect and improper supervision, substance abuse, noncompliance with prior treatment plans, and untreated mental health issues. On appeal, the court rejected his argument that termination was not in the child’s best interests because the child had a bond with him and he was attempting to reform his behavior. The trial court did not err by finding the child’s “bond with her grandmother and lack of a bond with respondent weighed in support of [its] decision to terminate respondent’s parental rights.” In addition, its “finding that respondent’s failure to reunify with his other children as well as his failure to address his mental health issues negatively impacted his ability to parent was” also not erroneous. Further, respondent’s drug use, history of domestic violence, noncompliance with his treatment plan, and sporadic visitation history also supported the trial court’s determination that termination was in the child’s best interests. Finally, the “fact that, throughout the entire case, [the child] did well in her placement with her grandmother, also supported the trial court’s decision to terminate respondent’s parental rights.”

Full PDF Opinion