Termination at initial disposition; MCR 3.977(E); Petition requirements; MCR 3.961(B)(6); Request for termination; Jurisdiction; MCL 712A.2(b)(1); In re Kellogg; Distinguishing In re Lange; Ineffective assistance of counsel

The court held that termination of respondent-mother’s parental rights at the initial disposition was erroneous because the DHHS petition did not properly request that relief, but that the trial court’s adjudication order should be affirmed. The DHHS petition used an SCAO form but did not check the box requesting termination at the initial disposition. Instead, the request was “phrased as a ‘recommendation’ and buried in the last few lines of an attachment” listing allegations. The court held this was insufficient because MCR 3.961(B)(6) requires that a “request for removal of the child or a parent or for termination of parental rights at the initial disposition must be specifically stated,” and the investigator’s later testimony that she sought termination did not “retroactively satisfy” the petition requirement. The error affected respondent’s substantial rights because she lacked proper notice and could not prepare for termination at the initial disposition. But the court rejected respondent’s ineffective-assistance challenge to adjudication because she failed to show a reasonable probability that the trial court would have declined jurisdiction. It was undisputed that she told hospital staff she could no longer care for the child and asked them to call CPS to take the child away, meaning the child was without proper care under MCL 712A.2(b)(1). The court also distinguished Lange because this case involved respondent’s mental-health issues, not a child whose severe mental illness made hospital placement necessary. Affirmed in part, vacated in part, and remanded.