e-Journal Summary

e-Journal Number : 79370
Opinion Date : 04/20/2023
e-Journal Date : 04/28/2023
Court : Michigan Court of Appeals
Case Name : In re Dixon
Practice Area(s) : Termination of Parental Rights
Judge(s) : Per Curiam – Garrett, K.F. Kelly, and Hood
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Termination under § 19b(3)(j); Child’s best interests


Concluding that § (j) existed and termination of respondent-mother’s parental rights was in the child’s (MMLD) best interests, the court affirmed. First, she showed an unwillingness—beginning with a different child (MD’s) “case and continuing in these proceedings—to consistently participate in psychiatric services and remain on medication for her mental health illnesses. [Her] mental health issues—if not adequately treated, as had been the case—presented a risk of harm to MMLD when in” respondent’s custody. In addition, respondent “struggled with basic parenting tasks like changing diapers and managing MMLD’s nutritional needs.” The primary foster care worker testified that respondent “did not follow through on a recommendation to participate in a specialized parenting class, and the referee found this testimony credible. We must defer to that credibility determination.” Finally, respondent “was unable to obtain suitable housing to care for MMLD. [Respondent’s] criminal history, and her proven inability to find appropriate housing across multiple years in MD’s case and this case, demonstrated that [respondent] was unlikely to provide a safe and suitable environment to raise MMLD. Together, clear and convincing evidence supported that there was a reasonable likelihood, based on [respondent’s] conduct, that MMLD would be harmed if placed in” respondent’s home.

Full PDF Opinion