Jurisdiction; MCL 712A.2(b)(1); Adequate factual findings; Removal; MCL 712A.13a(9); MCR 3.965(C)(2)

Holding that the evidence supported the assumption of jurisdiction over the child and that MCL 712A.13a(9)’s conditions were satisfied, the court affirmed the trial court’s order authorizing the petition under MCL 712A.2(b) and removing the child from respondent-mother’s custody. On appeal, respondent first challenged the adequacy of the trial court’s factual findings to support authorizing the petition. The trial court found “that respondent having custody of the child presented a substantial risk of harm to the child’s life, physical health, and mental well-being. [It] considered the information from all of the testimony and evidence that was introduced at the preliminary hearing,” which included “that respondent was using THC and ecstasy while the child was in utero, that [she] was placed into involuntary mental-health treatment one month prior to the child’s birth, that [she] was given a psychological evaluation six months before the child’s birth, and that [she] had other children with whom she was only allowed to have supervised parenting time.” The child also tested positive for THC at birth. The court was “not left with a firm and definite conviction that” the trial court made a mistake in authorizing the petition and taking jurisdiction based on the evidence indicating “respondent was engaged in conduct that did not appropriately account for the well-being of the child.” As to the child’s removal, the trial court addressed MCL 712A.13a(9)(a)-(e). It “recorded its contrary-to-welfare findings on the order itself. [Its] removal order detailed numerous factors supporting that maintaining custody of the child with respondent would present a substantial risk of harm to the child.” It also did not clearly err in finding that no option other than removal “would safeguard the child from risk of harm.” And the court was not convinced that a mistake was made in the trial court’s findings that MCL 712A.13a(9)(c), (d), and (e) were also met.