in Re Watts Minors


If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports. STATE OF MICHIGAN COURT OF APPEALS UNPUBLISHED In re WATTS, Minors. September 10, 2019 No. 346832 Livingston Circuit Court Family Division LC No. 2016-015410-NA Before: MURRAY, C.J., and METER and FORT HOOD, JJ. PER CURIAM. Respondent mother appeals as of right the termination of her parental rights to two children, LW and EW, under MCL 712A.19b(3)(c)(i) (failure to rectify conditions that led to adjudication), (g) (failure to provide proper care or custody), and (j) (reasonable likelihood of harm). 1 Because the trial court did not clearly err by finding a statutory basis for termination of parental rights, that petitioner, the Department of Health and Human Services (DHHS), made reasonable efforts at reunification, and that termination of respondent’s parental rights was in the children’s best interests, we affirm. I. BACKGROUND Petitioner removed the children from respondent’s custody in late December 2016 after police officers apprehended respondent in her car after a high-speed car chase with crack cocaine and four-year-old EW in the backseat, scared and crying. Police officers smashed the driver’s side window when respondent refused to open the window. EW told the police that he had not had anything to eat or drink that day. Police officers found drugs and drug paraphernalia in the vehicle, and they arrested respondent. Respondent was charged with second-degree child abuse, MCL 750.136b(3), fleeing and eluding police, MCL 257.602a(3), and three counts of resisting or obstructing a police officer, MCL 750.81d(1). Respondent was released on bond, but she did 1 The children’s father, who was initially named in the petition, died during these proceedings. In addition, respondent’s oldest child, who was also removed from respondent’s home, turned 18 during the proceedings. Hence, only respondent’s parental rights to LW and EW are at issue. -1- not appear at the probable cause hearing, so a bench warrant was issued. Respondent later testified that she had gone to Detroit to use crack cocaine during this period of time. Police officers later found respondent, who gave the officers a fake name, which led to another charge for an ordinance violation. Respondent pleaded guilty and was sentenced to 3 to 10 years in prison. The petition to remove the children from respondent’s custody also described respondent’s years-long history of crack cocaine use. The children were placed with respondent’s mother after their removal from respondent’s custody. Respondent continued to receive services while in jail, and after her transfer to a correctional facility after sentencing. When respondent’s mother reported in the spring of 2018 that she would not be able to care for the children long-term, petitioner investigated other relative placements proposed by respondent, but no other relatives were willing to care for the children long-term. The trial court authorized the filing of a termination petition, and held a hearing on the termination petition. The trial court found statutory grounds for termination under MCL 712A.19b(3)(c)(i), (g), and (j), and it ...

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