Child protective proceeding; Pretrial removal; MCL 712A.13a(9); MCR 3.965(C)(2); In re Williams; Reasonable efforts to prevent removal; In re Benavides

The court held that the trial court did not err by removing the children from respondent-mother’s care pending completion of the preliminary hearing because the statutory pretrial-placement factors were satisfied. The DHHS sought removal after a series of incidents. These included the mother testing positive for THC after the youngest child’s birth, repeated domestic violence in the home, an episode in which she admitted using the youngest child “as a shield,” a later hammer assault by her boyfriend in the children’s presence, and a Dairy Queen incident in which she intentionally backed into another vehicle while the youngest child was on her lap. The trial court adjourned the preliminary hearing, and ordered temporary placement in foster care. On appeal, the court held that the record supported the findings that custody with the mother presented “a substantial risk of harm” and that continued residence in the home was contrary to the children’s welfare. The trial court emphasized “‘the unsafe conditions in the home,’” especially the domestic-violence history. It also described the Dairy Queen incident as “‘inherently dangerous’” and one that “‘puts into question’” the mother’s judgment and emotional stability. Given the evidence, the court found no clear error. It next held that removal was the only reasonably available means to safeguard the children because the DHHS had already provided services, including family team meetings, safety plans, domestic-violence resources, and outreach services, yet the risk continued. The court also held “that the conditions of custody away from respondent would adequately safeguard their health and welfare[,]” and that the DHHS made reasonable efforts to prevent removal. Affirmed.