Child’s best interests; In re White; Reasonable reunification efforts; Aggravated circumstances; MCL 712A.19a(2); MCL 722.638(1) & (2)

The court held that the trial court did not clearly err in finding that terminating respondents’ parental rights to their child (EKD) was in her best interests. Further, aggravated circumstances were present, excusing the DHHS from its obligation to make reasonable reunification efforts. Thus, in these consolidated appeals the court affirmed the trial court’s termination order. Respondent-mother argued “termination was not in EKD’s best interests because she was a ‘young mother with little support from her family[]’ who did not know any better. She” also asserted that “termination was not in EKD’s best interests because she was not offered services despite wanting to learn how to properly parent EKD.” But the court found that both arguments failed because they were “premised on respondent-mother’s interests, not EKD’s. It is EKD’s best interests—not respondent-mother’s—that govern whether termination was proper.” The court noted that apart “from briefly noting that she and EKD shared a ‘special bond,’” the mother made “no argument as to why the trial court’s best-interests findings were erroneous.” Respondent-father argued the trial court erred because it failed to consider the White factors. He emphasized the parent-child bond factor. But the record indicated “the trial court did consider EKD’s bond with her parents” and the father did not explain on appeal how its “consideration was somehow inadequate[.]” As to respondents’ claim that they were wrongfully denied services, they pled no contest to § (k)(iii) as a statutory ground for termination and did not challenge it on appeal. “The trial court’s finding that this ground was satisfied necessarily means that both MCL 722.638(1) and (2) are satisfied; respondents were the suspected perpetrators—MCL 722.638(2)—of EKD’s harm, which was caused by abuse including battering, torture, or other severe physical abuse—MCL 722.638(1)(a)(iii).”