Child-protective adjudication; Americans with Disabilities Act (ADA); 42 USC § 12132; In re Terry; Reasonable reunification efforts; ADA modifications; Aggravated circumstances; MCL 712A.19a(2)(a); MCL 722.638(1)(a)(ii); Ineffective assistance of counsel

The court held that respondent-father was not entitled to relief based on the alleged failure to provide ADA accommodations, that the DHHS was not required to provide reunification services under the circumstances, and that respondent failed to establish ineffective assistance of counsel at the adjudication trial. The proceedings arose after respondent was accused of sexually abusing his stepdaughter (AK), resulting in CSC I and CSC II convictions. A jury subsequently found grounds for jurisdiction over his four children under MCL 712A.2(b)(1) and (2). Before the adjudication trial, respondent asserted that a closed-head injury affected his ability to keep up with the proceedings and requested a recording device as a memory aid. The trial concluded that day before one could be obtained. On appeal, the court relied on Terry in rejecting his claim against the trial court because termination proceedings do not constitute “services, programs or activities” under § 12132 and an ADA violation cannot be asserted as a defense to them. As to the DHHS, the trial court found aggravated circumstances based on respondent’s criminal sexual conduct. Because the DHHS sought termination on that basis, no case service plan was required and its “obligation to provide reunification services, along with any reasonable accommodations, did not arise.” Respondent also failed to identify any modified service DHHS should have provided or show resulting prejudice. His ineffective-assistance claims likewise failed. Counsel was not ineffective for failing to seek an ADA accommodation that respondent could not establish he was entitled to, and his remaining claims concerning counsel’s failure to cross-examine witnesses, present witnesses, and object to the jury’s use of the criminal-case register of actions were insufficiently briefed and lacked a showing of deficient performance or prejudice. Affirmed.