Reasonable reunification efforts; MCL 712A.19a(2); In re Walters; Efforts with an incarcerated parent; In re Mason; Plain error review; Michigan Department of Corrections (MDOC)

Holding that the trial court plainly erred in finding that the DHHS made reasonable reunification efforts and that the error affected respondent-father’s substantial rights, the court vacated the order terminating his parental rights and remanded. While the DHHS’s “supplemental petition alleged the aggravating circumstance of abandonment [it] ultimately opted not to pursue that theory.” Thus, there were no aggravated circumstances to excuse it from making reasonable efforts. There was “no dispute that MDOC’s policies and the circumstances of father’s incarceration impacted” the reunification efforts. But “the caseworker did not testify about steps she took to identify services for [him] or how she tried to adjust [his] service plan given his incarceration and MDOC’s policy decision not to provide him with MDOC services until he was closer to his release date.” While she was able to send him mail, there was “also no indication in the record that she sent father materials to work on in lieu of more formal services when, ‘[a]t the very least, the caseworker must provide available workbooks for [a parent] to complete, as has been done in many other cases involving incarcerated parents.’” Further, the court’s review of MDOC’s visitation policy that was effective on 5/5/25, showed that it did not prohibit respondent from visiting with the child, “either in-person or by video. In fact, the MDOC policy directive contains a specific process for DHHS employees or privately-run agencies working under a contract with DHHS to facilitate either an in-person or video visit between a prisoner and their child.” There were no visits in this case “due to the current caseworker’s reliance on” a trial court order reflecting that the facility did not currently permit parenting time. The court concluded from the record that the DHHS failed to make reasonable reunification efforts “by navigating MDOC policy to arrange in-person or virtual visits between” respondent and the child “and provide father with services that he could actually participate in and benefit from.” In addition, he established prejudice.