20241219_C369319_48_369319.Opn.Pdf

CourtMichigan Court of Appeals
DecidedDecember 19, 2024
Docket20241219
StatusUnpublished

This text of 20241219_C369319_48_369319.Opn.Pdf (20241219_C369319_48_369319.Opn.Pdf) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
20241219_C369319_48_369319.Opn.Pdf, (Mich. Ct. App. 2024).

Opinion

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UNPUBLISHED December 19, 2024 9:43 AM In re MEYERS/WITHERS/MCCLELLAND, Minors.

No. 369319 Macomb Circuit Court Family Division LC No. 2023-000131-NA 2023-000132-NA 2023-000133-NA

Before: O’BRIEN, P.J., and MURRAY and PATEL, JJ.

PER CURIAM.

Respondent appeals as of right the trial court’s order terminating her parental rights to NM, LW, and LM (collectively, “the children”), pursuant to MCL 712A.19b(3)(b)(ii) (parent failed to protect the child or sibling from sexual abuse and there is a reasonable likelihood of future abuse), (b)(iii) (nonparent caused sexual abuse of the child or sibling and the child will likely suffer injury or abuse if returned to the parent), (g) (failure to provide proper care and custody), and (j) (reasonable likelihood of harm). We affirm.

I. BACKGROUND

The trial court entered an ex parte order taking the children into protective custody after Children’s Protective Services (CPS) received a complaint containing allegations of domestic violence and sexual abuse. The Department of Health and Human Services (DHHS) filed a permanent custody petition seeking termination of respondent’s parental rights to the children. The petition alleged that Brandon Pfeil, respondent’s husband, molested LW and frequently engaged in domestic violence with respondent. The petition also alleged that respondent failed to protect the children from Pfeil despite knowing that he was a sex offender. At the preliminary hearing, Charisma Puryear, a CPS caseworker, testified that the allegations in the petition were true and that nothing short of removal would guarantee the children’s safety. Respondent waived the probable-cause finding and the trial court authorized the petition.

-1- Subsequently, the lawyer guardian ad litem (LGAL) filed a permanent custody petition raising the same allegations contained in the DHHS petition. In addition, the LGAL’s petition alleged that respondent and Pfeil engaged in a physical fight while the family was on vacation together, and that respondent asked LW to record the fight, which she did. During the fight, Pfeil attempted to get NM to hit respondent, and respondent told NM that it was okay if he hit her. NM cried during the incident and said that he did not want to hit respondent. The petition also alleged that respondent allowed Pfeil to spank LW, respondent often locked NM in his bedroom for multiple days and gave him a bucket to use as a toilet, Pfeil physically abused NM, respondent and Pfeil told the children to lie to CPS about the physical abuse, and respondent frequently brought new men around the children. The petition also stated that NM reported that respondent sold his prescription medication, stole the $3,000 he earned from working at McDonald’s and spent it at a dispensary, and Pfeil threatened NM to lie to CPS or Pfeil would kill him. The trial court ruled that a preliminary hearing for the LGAL’s petition was not necessary because it held a preliminary hearing for the DHHS’s petition. The trial court authorized the LGAL’s petition.

At trial, the parties stipulated that Pfeil touched LW’s vagina for sexual gratification. LW testified that Pfeil lived with respondent and the children while he was on parole for having sex with a 14-year-old girl and that he was not allowed to be around children. LW stated that Pfeil often massaged her legs and touched her vagina on two occasions, once through her underwear and once directly on her skin.

LW also testified regarding the domestic violence incident that occurred while the family was on vacation in June 2023. She stated that respondent told her to record the fight and that while she was recording, Pfeil hit LW twice. LW further testified that during the fight, respondent told NM to hit her because Pfeil wanted respondent to go home with bruises and scratches like he had. LW stated that NM sobbed and said he did not want to hit respondent. Therefore, respondent told LW to hit her and LW complied. LW testified that respondent left Pfeil at the vacation home and drove away with the children. However, LW stated that respondent returned to the vacation home after Pfeil texted her and told her that leaving him would set a bad example for the children. On the same day as this fight, LW testified that she told respondent about Pfeil sexual abusing her and respondent did not believe LW and told LW that respondent was going to administer a lie-detector test to LW. The trial court admitted the videos that LW recorded of the fight.

LW also testified that she witnessed Pfeil hit respondent on multiple other occasions and that watching Pfeil and respondent engage in domestic violence scared her. LW testified that Pfeil spanked LW and physically abused NM while respondent was present. LW testified regarding one occasion when Pfeil held NM by his neck against the bed and left marks on his neck. LW could not recall if respondent did anything other than watch, while LW was crying and telling Pfeil to stop. LW stated that Pfeil and respondent told the children to lie about the choking if CPS workers talked to them.

LW also testified that respondent often punished NM by locking him in his room for up to two days and denying him bathroom privileges. When respondent did not provide a bucket for NM to use as a toilet, NM would urinate in the vent in his bedroom.

Finally, LW testified that respondent began dating a new man in July 2023, and LW did not want to live with respondent again, even if she got help, because LW did not feel safe with

-2- respondent and was concerned that respondent might resume her relationship with Pfeil. However, LW also conceded that joint therapy with respondent and herself could be helpful. LW also testified that respondent told her that LW’s father was dead and that when LW discovered that respondent lied, she was happy that her father was alive but upset that respondent lied to her.

NM testified that respondent sold NM’s prescription Adderall on 27 different occasions while NM was with her. NM also stated that he wanted respondent’s parental rights terminated and that he did not feel that therapy would work.

Respondent testified that she knew Pfeil was a sex offender when he moved in with her and that he was on parole when they got married, but she thought that his sex-offender conviction was for urinating in public and did not verify the truthfulness of Pfeil’s statement regarding what he was convicted for. Respondent denied most of the allegations in LW and NM’s testimony, and accused LW and NM of lying.

The trial court ultimately found statutory grounds to assume jurisdiction under MCL 712A.2(b)(1) and (2). The trial court stated that it did not find respondent’s testimony credible, especially since respondent testified that “everyone has lied but her.” The trial court found that even if respondent did not know why Pfeil was on the sex-offender list, her neglect in finding out why he was on the list resulted in harm to LW. The trial court opined that the testimony painted respondent’s home as an environment of “pure chaos, abuse, and neglect.” The trial court also noted that the videos of the fight while on vacation were “deeply disturbing” and found that respondent escalated the fighting.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re AMB
640 N.W.2d 262 (Michigan Court of Appeals, 2002)
In re Sanders
852 N.W.2d 524 (Michigan Supreme Court, 2014)
In re Olive/Metts Minors
823 N.W.2d 144 (Michigan Court of Appeals, 2012)
In re White
846 N.W.2d 61 (Michigan Court of Appeals, 2014)
In re LaFrance Minors
858 N.W.2d 143 (Michigan Court of Appeals, 2014)
In re Gonzales/Martinez
871 N.W.2d 868 (Michigan Court of Appeals, 2015)
Bill & Dena Brown Trust v. Garcia
312 Mich. App. 684 (Michigan Court of Appeals, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
20241219_C369319_48_369319.Opn.Pdf, Counsel Stack Legal Research, https://law.counselstack.com/opinion/20241219_c369319_48_369319opnpdf-michctapp-2024.