Reasonable reunification efforts; MCL 722.638; Aggravated circumstances; MCL 712A.19a(2)

The court concluded that “under MCL 712A.19a(2)(a), [the DHHS] was not required to make reasonable efforts to reunite respondent[-father] with [child, SR], and respondent’s argument that [the DHHS] failed to make reasonable efforts has no merit.” Thus, the trial court’s order terminating his parental rights was affirmed. The DHHS sought termination of his “parental rights at the initial disposition hearing pursuant to MCL 722.638 because of respondent’s alleged sexual abuse of SR. At the adjudication of the petition, the trial court found by a preponderance of the evidence that grounds to assume jurisdiction over SR existed on the basis of SR’s undisputed testimony about respondent making SR perform fellatio on him when she was 10 years old.” The court also noted that the trial court found “SR’s testimony provided clear and convincing evidence that the allegations of abuse in the petition were true and established that respondent had subjected SR to sexual abuse including [CSC] involving penetration, which constituted statutory grounds for termination pursuant to MCL 712A.19b(3)(k)(ii), as well as other statutory grounds. The [trial] court also determined that termination was in SR’s best interests.” The court held that “the trial court satisfied the MCR 3.977(E) requirements necessary to terminate respondent’s rights at the initial dispositional hearing.” It held that “the trial court explicitly found by clear and convincing evidence that respondent’s conduct met the definition of [CSC] involving penetration and that there was ‘no question’ that respondent, SR’s legal father, subjected SR to sexual abuse and penetration ‘as defined by law.’” When making those findings, the trial “court was aware of the issue concerning the exceptions stated under MCL 712A.19a(2), resolved the dispute, and supported its resolution with adequate factual findings to permit appellate review. ‘These findings amount to a judicial determination that respondent subjected [SR] to aggravated circumstances as provided in [MCL 722.638(1)(a)(ii)] and (2).’”