Removal of children from parental custody; MCR 3.965(C)(2)(a); Substantial risk of harm; Failure to comply with case service plan; MCL 712A.19b(3)(a); In re Mason; Drug testing; Caseworker cooperation

The court held that the trial court did not err in finding that returning the children to respondent-mother’s custody presented a substantial risk of harm and that their removal was warranted under MCR 3.965(C)(2). The children originally entered care after the younger child tested positive for meth at birth. Respondent subsequently made substantial progress, completing inpatient rehabilitation, obtaining sober housing and employment, and engaging in services. The children were returned to the parents in 7/25 while the trial court retained jurisdiction. In the following months, however, respondent stopped cooperating with the DHHS, missed or refused drug screens, and interfered with home visits. The children’s father tested positive for meth during an October home visit. Respondent was also living in a home owned by a person facing allegations of meth distribution, and needles were found in the yard. She further stated that she had no intention of continuing to work with the DHHS. The court noted that a parent’s failure to substantially comply with a case service plan constitutes evidence that returning the child would pose a substantial risk of harm. Although the 10/15/25 home visit revealed no immediate danger, the evidence showed that respondent’s “participation in the case service plan had effectively ceased in the months preceding the children’s removal from her care.” Her repeated refusal to submit to drug testing, lack of communication, avoidance of monitoring, and increasingly combative conduct supported the trial court’s determination that it could not adequately ensure the children’s safety in the home. Thus, the substantial-risk finding was not clearly erroneous. Affirmed.