Reunification efforts; MCL 712A.19a(2); In re Barber/Espinoza; Waiver

In an order in lieu of granting leave to appeal, the court reversed Part II of the Court of Appeals judgment (see eJournal # 85448 in the 4/2/26 edition) and remanded the case to the trial court. It held that the trial court plainly erred in terminating respondent-mother’s parental rights without requiring the DHHS to engage in reasonable reunification efforts. As noted by the Court of Appeals dissent, “respondent did not waive this argument by entering a no-contest plea regarding jurisdiction and statutory grounds for termination because the plea colloquy did not discuss the relinquishment of her statutory right to assert that DHHS had failed to make reasonable efforts to reunify her with her child, including through the development of a case service plan.” The court found that the “Court of Appeals further erred by holding that respondent abandoned this argument when she addressed the issue in supplemental briefing at the Court of Appeals’ invitation.”