Termination under § 19b(3)(j); Jurisdiction & adjudication; MCL 712A.2(b)(1) & (2); Legally admissible evidence; MCR 3.977(E)(3); Plain error review; In re Mota; Reasonable reunification efforts; Exceptions; MCL 712A.19a(2); In re Simonetta; Failure to participate in the services that are offered

Holding that the trial court did not err when it found it could exercise jurisdiction, that § (j) was met, and that the DHHS made reasonable efforts to reunify the family, the court affirmed termination of respondent-mother’s parental rights. Her rights were terminated on the basis of homelessness and the fact that conditions leading to prior terminations persisted. On appeal, the court rejected her arguments that the trial court erred by: (1) admitting legally inadmissible evidence to find jurisdiction; (2) finding that the DHHS made reasonable efforts to reunify the family; and (3) finding statutory grounds to terminate her parental rights. First, even “if the trial court committed procedural error pursuant to In re Mota, such error did not affect respondent’s substantial rights, as her testimony provided legally admissible evidence that established the grounds for the trial court’s exercise of jurisdiction under MCL 712A.2(b)(1)” and (2). Next, the trial court “was not required to order reasonable efforts towards reunification after the adjudication trial because” the trial “court was required, under MCR 3.977(E) to order that additional efforts for reunification of the child with respondent shall not be made.” In any event, “prior to the adjudication trial, reasonable efforts towards reunification were made, but respondent refused many of the services that were offered.” Finally, as to § (j), respondent’s “lack of insight and judgment prevented her from making choices that prevented her children’s homelessness and that met their medical and mental-health needs.” Her conduct “did not show the trial court that she had developed the capacity to make choices that would keep” the child safe and healthy if returned to her care.