Unfit home or environment; MCL 712A.2(b)(2); In re MU; Failure to provide proper care; MCL 712A.2(b)(1); In re LaFrance

The court held that the trial court did not err by assuming jurisdiction over the newborn in question under MCL 712A.2(b)(1) and (2) because a preponderance of the evidence showed an unfit environment and a failure to provide proper care at the time the petition was filed. The petition followed the child’s birth with significant drug exposure, including positive toxicology of the umbilical cord and treatment for withdrawal symptoms. Evidence showed respondent-father was present at the hospital amid concerns of active drug use, including testimony about a needle, a digital scale, and a pill described as fentanyl found in the room. Although he denied current drug use and claimed surprise at the child’s condition, the trial court credited contrary testimony from hospital staff and caseworkers, noting that he had an extensive drug history, tested positive for cocaine and methadone a few months after the birth, and refused further testing. The court emphasized credibility findings, explaining that inconsistencies and minimization of substance-abuse risks undermined respondent’s testimony. While acknowledging that prenatal drug exposure alone does not establish neglect, the court agreed that ongoing substance use, denial of its impact, and the presence of paraphernalia supported a finding that the home environment was unfit. The court also affirmed jurisdiction under MCL 712A.2(b)(1), concluding that unstable housing at the time of filing, combined with substance-abuse concerns and the child’s medical fragility, showed an inability to provide proper or necessary care. Affirmed.