Termination under §§ 19b(3)(a)(ii), (c)(i), (c)(ii), (g), & (j); Best interests; Guardianship; MCL 712A.19a(9); Relative placement; Less restrictive alternative; In re Lombard

The court held that statutory grounds supported termination of respondent-mother’s parental rights, but the trial court erred by failing to properly consider guardianship with her aunt as an alternative to termination. DHHS petitioned after mother reported that she could no longer care for the children, and the trial court terminated her parental rights under several statutory grounds after she failed to complete or benefit from services. On appeal, the court found the trial court erred as to two statutory grounds for termination (§§ (a)(ii) and (j)) because mother sought DHHS help, participated in proceedings to the best of her ability, and DHHS did not show she “ever harmed” the children or was likely to do so. But the court concluded termination was still supported under §§ (c)(i), (c)(ii), and (g) because she lacked suitable housing after eviction, failed to complete substance-abuse services, missed most parenting times, and did not complete parenting classes or therapy. But the court vacated the best-interests ruling, reasoning that mother’s aunt had consistently expressed willingness to assume guardianship and had cared for the children before the petition, yet DHHS and the trial court focused on the nonrelative foster parents. The court also rejected the trial court’s concern that guardianship would preserve some parental rights, explaining that this is “a feature, not a flaw,” and noted it has “held that disfavoring guardianship for young children as a ‘blanket policy’” is improper. Affirmed as to statutory grounds, vacated as to best interests, and remanded with jurisdiction retained.