Exception to the reasonable reunification efforts requirement; Aggravated circumstances; In re Rippy; MCL 712A.19a(2)(a); MCL 722.638(2); Child’s best interests

The court held that the trial court did not err in finding that aggravated circumstances warranted terminating respondent-mother’s parental rights without reasonable reunification efforts, and that terminating her rights was in the child’s (DBH) best interests. The trial court found that she “placed DBH at an unreasonable risk of harm by failing to take steps to eliminate the risk posed by his low weight.” The record supported this finding. When he “was admitted to the hospital, DBH was below the first percentile for weight and was at risk of imminent death. Respondent admitted that she had noticed DBH losing weight, but did not seek medical care” for him until 5/24, when he “was near death. [She] did not follow through with referrals for services aimed at helping her care for the child. Moreover, [she] did not take the reasonable step of adequately feeding” him. She pled “guilty to attempted second-degree child abuse and acknowledged that she failed to feed DBH adequately. It was medically determined that DBH’s failure to thrive was caused by lack of nutrition, not by an underlying condition.” The court rejected her contention that termination was unwarranted because there was no showing that her neglect was intentional. “MCL 722.638(2) provides that aggravated circumstances include when the parent ‘is suspected of placing the child at an unreasonable risk of harm due to the parent’s failure to take reasonable steps to intervene to eliminate that risk,’ without reference to the intent underlying the parent’s actions.” As to the child’s best interests, a preponderance of the evidence supported the trial court’s finding that DBH’s “need for safety and fundamental basics, such as adequate food and medical care, necessitated termination of respondent’s parental rights. [Her] lack of parenting ability resulted in DBH being hospitalized for malnutrition[.]” She did not follow his pediatrician’s medical advice, and “appeared to lack either understanding or concern that her failure to provide basic care for the child led to [his] severe lack of development and nearly caused the child’s death. After [he] was placed in foster care, he began to gain weight, to improve in health, and to make progress on developmental milestones. In addition, his foster parents expressed interest in adopting him.” Affirmed.