Removal of a child from the parents’ home; Jurisdiction; MCL 712A.2(b); MCR 3.965(B); In re Ferranti; Pretrial placement of the child; MCL 712A.13(a)(9); MCR 3.965(C)(2); In re Benavides; In re Williams

The court held that the trial court did not err by removing respondents-parents’ child (KK) from their home. The trial court authorized the DHHS’s petition and ordered that KK be taken into protective custody “because respondents ‘continue to maintain a toxic, caustic relationship by engaging in near constant arguments in the presence of [KK]’ that involved screaming, shouting, accusations, profanity, hysteria, and inappropriate emotional behavior.” On appeal, the court examined the factors for placement of a child and rejected respondents’ argument that the trial court erred by removing KK from their home. As to factor (a), “[g]iven respondent-mother’s behavior, combined with the marks on KK and the fact that respondent-father was not suspected to be the perpetrator of the abuse,” the trial court did not err by finding KK would be at substantial risk of harm in her care. “With regard to [f]actor (b), there had been numerous safety plans in place, but they did not adequately safeguard KK.” As to factor (c), the trial court properly “delineated on the record and in its order the reasons why it was contrary to KK’s welfare to remain in the home.” With regard to factor (d), “there was evidence that respondents failed to benefit from services, despite some periods of progress.” Finally, although “the trial court failed to make explicit findings regarding [f]actor (e), reversal is not required because it would not be ‘inconsistent with substantial justice’ to permit the order to stand.” Affirmed.