Children’s removal; MCL 712A.13a(9); MCR 3.965(C)(2)-(4)
In these consolidated appeals, the court found no error in the trial court’s order removing the parties’ children from their care. As to respondent-mother, “the trial court was presented with substantial evidence that it was contrary to the children’s welfare to remain in” her care. In addition, it “heard testimony from caseworkers and service providers that indicated” both respondents exhausted the services the DHHS “provided to prevent removal and made no progress in their case service plans. Given the record” here, the court concluded “the trial court did not clearly err by finding that reasonable efforts had been made to prevent removal. The trial court also did not err in finding that the grandparents were able to adequately provide for the children’s welfare in light of the positive impact the grandmother had on their lives.” As to respondent-father, the record showed “the same circumstances generally existed. Specifically, the issues related to the children’s hygiene and the conditions of the home apply equally to [the] father. He, too, displayed an inability to address the basic needs of the children. [He] also failed to schedule a specialist appointment for the oldest child to address his ear issues. And, as with [the] mother, these issues only improved when the paternal grandmother entered the home. When she left, the conditions immediately began to deteriorate.” The court noted that unlike the mother, the father “continued to attend counseling. This is a positive indicator, although it is hampered to an extent by [his] medication mismanagement issues.” The court found that the most concerning issue as to the father “was his acts of domestic violence.” The children saw him push the mother “to the ground, and the oldest child disclosed that he was scared when respondents argued. The trial court had an evidentiary basis to conclude that the children faced further physical or emotional harm if they stayed in the home.” The court concluded “the trial court did not err in finding that” the children remaining in his “care was contrary to their welfare. Likewise, [it] met the requirements of MCL 712A.13a(9)(d) and (e) by placing the children in the grandparents’ care.” And reasonable efforts to prevent removal were made. Affirmed.
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