Termination at initial disposition; Failure to allege aggravating circumstances; Statutory obligation to make reasonable reunification efforts; MCL 712A.19a(2); In re Smith-Taylor; In re Walters

Holding that the trial court erred in terminating respondent-father’s parental rights at the initial disposition, the court vacated the termination order and remanded. While the DHHS sought termination at the initial disposition, “the petitions did not allege aggravating circumstances, and the trial court did not make the juridical determination or factual findings necessary to excuse” the DHHS from its obligation to make reasonable reunification efforts “under MCL 712A.19a(2). Absent such a finding, DHHS was obligated to make reasonable” reunification efforts, but it failed to do so. On remand, the trial court must “determine whether aggravated circumstances exist that would relieve DHHS of its duty to” make such efforts. “If not, it shall direct DHHS to prepare a case service plan to ensure that reasonable efforts toward reunification are provided.”