In Re D E Jones Minor

CourtMichigan Court of Appeals
DecidedJune 22, 2026
Docket377671
StatusUnpublished

This text of In Re D E Jones Minor (In Re D E Jones Minor) 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
In Re D E Jones Minor, (Mich. Ct. App. 2026).

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UNPUBLISHED June 22, 2026 1:59 PM In re JONES/AUSTIN, Minors. Nos. 377671; 377673; 377674; 377675; 377677 Calhoun Circuit Court Family Division LC No. 2021-002425-NA

Before: GADOLA, C.J., and RIORDAN and LETICA, JJ.

PER CURIAM.

In these consolidated cases,1 the trial court terminated respondent-mother’s parental rights to DJ, M1, M2, and M3,2 and respondent-father’s parental rights to M1, M2, and M3. On appeal, respondent-mother argues that the Department of Health and Human Services (DHHS) failed to make accommodations for her intellectual disability, that the trial court erred by terminating her rights under MCL 712A.19b(3)(c)(i) and (j), and that termination was not in the children’s best interests. Respondent-father argues that the trial court abused its discretion by not allowing a rebuttal witness to testify, that termination was not in the children’s best interests, and that the trial court erred by terminating his parental rights to M3 at initial disposition. We affirm.

I. BACKGROUND

In August 2021, 16-month-old DJ went to the hospital after ingesting methamphetamine in respondents’ home. At the hospital, DJ, who also had hip dysplasia and developmental delays, tested positive for amphetamines and had scabies. Further, there were concerns of ongoing domestic violence in the home, and respondent-mother had pending charges of first-degree criminal sexual conduct (CSC) related to allegations that she sexually assaulted her younger

1 In re Jones/Austin, unpublished order of the Court of Appeals, entered October 21, 2025 (Docket Nos. 377671, 377673, 377674, 377675, and 377675). 2 The trial court also terminated the parental rights of DJ’s father, but he is not a party to this appeal.

-1- cousins when she was a teenager. The trial court removed DJ from respondent-mother and his father.

Respondent-father was arrested in April 2022 after assaulting respondent-mother, which caused her to be hospitalized. Respondent-mother gave birth to M1 and M2 in July 2022, and the trial court removed them from respondents. Respondent-mother was, by that point, on probation after pleading guilty in her CSC case. Respondents also both pleaded guilty to child-abuse charges related to DJ’s injuries.

A November 2022 psychological evaluation indicated that respondent-mother had an intellectual disability, after which the DHHS agreed that it needed to provide accommodations to her under Hicks/Brown.3 Respondent-mother was incarcerated in June 2023 and again in August 2023 until April 2024 for violating a no-contact order with respondent-father. The DHHS filed a termination petition in February 2024. After the foster-care agency repeatedly failed to timely file reports, however, the trial court dismissed the termination petition and dismissed the agency from the case in April 2024. Accordingly, a DHHS caseworker assumed responsibility for the case.

Respondents took some parenting classes, and respondent-father became employed at the Women’s Co-op. Respondents also obtained housing. Respondents, however, missed most of their drug screens and, for most of the case, failed to participate in counseling services at Summit Point or domestic-violence services at Wings of a Dove as instructed. Respondents did not want to engage at Wings of a Dove because they could not participate together. Instead, respondents began counseling at the Women’s Co-op with an unlicensed student therapist. The DHHS expressed concern about the conflict of respondent-father working at the Women’s Co-op and ultimately learned that respondent-father was distantly related to certain staff at the Women’s Co- op.

The DHHS filed a new termination petition in October 2024, and a termination trial began in December 2024. Respondent-mother gave birth to M3 in May 2025, at which point the trial court removed him from respondents’ care, and the DHHS requested that the trial court terminate respondents’ parental rights to M3. On September 3, 2025, the trial court terminated respondent- mother’s parental rights to DJ, M1, and M2, as well as respondent-father’s parental rights to M1 and M2. The trial court took additional testimony regarding M3 on that day and the following day. Respondent-father’s attorney attempted to have respondents’ counselor from the Women’s Co-op, Kimberly Danke, testify in rebuttal. Respondent-father had not included Danke on any witness lists. After arguments by the parties, the trial court ordered that Danke could testify narrowly about her credentials and in rebuttal to testimony given. Before the lawyer-guardian ad litem could cross-examine Danke, however, Danke disconnected from the hearing, and the trial court struck her testimony. The trial court then terminated respondents’ parental rights to M3.

Respondents now appeal.

3 In re Hicks/Brown, 500 Mich 79; 893 NW2d 637 (2017).

-2- II. RESPONDENT-FATHER’S APPEAL

A. REBUTTAL

First, respondent-father argues that the trial court abused its discretion by denying him the right to present a rebuttal lay witness in the proceedings involving M3.

As the prosecution argues on appeal, however, this issue is moot because the trial court struck Danke’s testimony after she disconnected from the hearing but before Danke completed cross-examination. This Court will not decide moot issues. In re Smith, 355 Mich App 514, 519; 967 NW2d 857 (2021). An issue is moot if an event occurs that renders it impossible for this Court to grant relief. CD Barnes Assoc, Inc v Star Heaven, LLC, 300 Mich App 389, 406; 834 NW2d 878 (2013). In other words, because the trial court did initially allow Danke to testify, and because respondent-father does not challenge its subsequent decision to strike her testimony, there is no relief that we may afford with regard to this issue.

Respondent-father argues that Danke would not have become disconnected had the trial court “simply let [Danke] testify as to her impressions based on her rational perception.” A trial court must, however, determine preliminary questions about factors like a witness’s qualification or the admissibility of evidence. See MRE 104(a). Thus, the trial court did not err by first addressing whether Danke could appropriately testify in rebuttal, and with what scope, particularly when the prosecution and the lawyer-guardian ad litem objected to her testimony. When the trial court struck Danke’s testimony, however, the issue of the admissibility of that testimony became moot.

B. TERMINATION AT INITIAL DISPOSITION

Next, respondent-father argues that the trial court erred by terminating his parental rights to M3 at initial disposition.

We review for clear error a trial court’s factual findings and determination that a statutory ground for termination has been satisfied. In re White, 303 Mich App 701, 709; 846 NW2d 61 (2014). Clear error exists if this Court is left with a definite and firm conviction that the trial court made a mistake, “giving due regard to the trial court’s special opportunity to observe the witnesses.” In re BZ, 264 Mich App 286, 296-297; 690 NW2d 505 (2004).

Generally, when a child is removed from a parent, the DHHS is required to make reasonable efforts to rectify the conditions that led to the removal. In re Fried, 266 Mich App 535, 542; 702 NW2d 192 (2005).

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Bluebook (online)
In Re D E Jones Minor, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-d-e-jones-minor-michctapp-2026.