Reasonable efforts to reunify; In re Rippy; MCL 712A.19a(2); Initial dispositional hearing; Aggravated circumstances; MCL 722.638; Effect of a guardianship; In re Rozenboom

The court held that the trial court erred by terminating respondent-mother’s parental rights at the initial dispositional hearing without providing reasonable efforts or identifying a statutory basis for finding that such efforts were not required. The child had been placed in a guardianship with petitioner-grandmother, who later filed a petition seeking jurisdiction and termination under § 19b(3)(f). The trial court found jurisdiction, found the statutory ground proved, and later checked a box stating that reasonable efforts were not required “as determined in a prior court order,” even though no such prior order existed. On appeal, the court reasoned that reasonable efforts “must be made in all cases” except those listed in MCL 712A.19a(2), and the trial court “never made ‘a judicial determination’ that respondent subjected” the child to aggravated circumstances under MCL 722.638. The court also noted that no exception applies merely because the child is in a guardianship and the guardian initiated the petition. Because reasonable efforts were required but not provided, the court vacated the termination order and remanded for further proceedings.