in Re Gregory Minors

CourtMichigan Court of Appeals
DecidedJune 23, 2016
Docket330133
StatusUnpublished

This text of in Re Gregory Minors (in Re Gregory Minors) 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 Gregory Minors, (Mich. Ct. App. 2016).

Opinion

STATE OF MICHIGAN

COURT OF APPEALS

UNPUBLISHED In re GREGORY, Minors. June 23, 2016

No. 330132 Wayne Circuit Court Family Division LC No. 14-515591-NA

In re GREGORY, Minors. No. 330133 Wayne Circuit Court Family Division LC No. 14-515591-NA

Before: MURPHY, P.J., and SAAD and BORRELLO, JJ.

PER CURIAM.

In these consolidated appeals, in Docket No. 330132, respondent father, and in Docket No. 330133, respondent mother, appeal by right an October 21, 2015, circuit court order terminating respondents’ parental rights to the minor children BG (d/o/b: 9/18/2010) and IG (d/o/b: 3/19/2009) pursuant to MCL 712A.19b(3)(c)(i) and (g). For the reasons set forth in this opinion, we affirm.

A. BACKGROUND

In 2013 and 2014, there were several Child Protective Services (CPS) complaints involving respondents and the minor children. On January 30, 2014, the Department of Health and Human Services (DHHS) petitioned for removal following another CPS complaint. Specifically, DHHS learned that the children were staying with respondents who were “squatting” in an apartment with a friend and multiple other individuals. The apartment did not have heat or running water and there was only one bed in the apartment. In addition, DHHS alleged that both mother and father were abusing prescription drugs including Xanax, Suboxone, and Adderall and respondent father spent all of his income on purchasing the drugs. Furthermore, mother admitted to being involved in a violent assault with a friend at the apartment in the presence of the children. DHHS requested removal under MCL 712A.2(b)(1)- (5) for failure to provide proper support and the home environment was unfit for children. The

-1- circuit court entered an order authorizing removal and placing the children with the paternal grandparents.

Thereafter, the court held a pretrial hearing on February 25, 2014, wherein both parents testified and admitted to abusing prescription drugs and agreed that the drug abuse interfered with their ability to manage their lives and care for their children. Mother admitted to being involved in the assault and agreed that she did not have suitable housing, although father stated that he had obtained suitable housing since the removal date. Based on this information, the court assumed jurisdiction over the children, ordered that DHHS provide services, and ordered supervised parenting time with a grandparent to provide supervision. The court ordered both parents to provide documentation from their physician regarding prescribed medications and ordered that both parents submit to weekly random drug screens.

After assuming jurisdiction of the children, the court held several dispositional review hearings. On May 20, 2014, DHHS caseworker Lanell Morrison testified that the Department’s plan was reunification and was providing parenting classes, substance abuse counseling, individual counseling and drug screening for both parents. In addition, mother was enrolled in an in-patient substance abuse treatment program and she was required to obtain a psychiatric evaluation. Both parents were participating in supervised parenting time, however, father had not provided documentation from his physician regarding his prescriptions. The court ordered continued services and granted DHHS discretion to allow unsupervised parenting time.

On July 30, 2014, DHHS transferred management of case services to Wolverine Human Services (Wolverine), a private agency. The record indicates that, as of July 30, 2014, neither parent was in compliance with the treatment plan. Although mother completed the inpatient program, she failed to timely enroll in the outpatient portion of the program and failed to submit to any of the required drug screens after she left the inpatient program on May 29, 2014. In addition, father only submitted three of 14 drug screens, two of which he failed. The trial court scheduled a dispositional review and permanency planning hearing and ordered continued services and supervised visitation.

At the October 20, 2014, permanency planning hearing, Onisia Martin, a caseworker with Wolverine, testified that both parents were participating in parenting time and they had a bond with the children. Father was participating in parenting classes; however, neither parent submitted to any of the mandatory drug screens and mother was not participating in her out- patient treatment plan. Martin recommended more time to allow the parents to work on their respective treatment plans.

The trial court held another dispositional review hearing on January 27, 2015. A new case worker, Monica Burrell, testified that the parents had only made “minimal progress” on their service plan. Father completed parenting classes and reported that he was employed, but he failed to provide proof of employment and neither father nor mother submitted to any of the required drug screens. In addition, both parents were living in an apartment with no lease and had canceled a home visit. Burrell agreed that Wolverine shared some of the blame for failing to refer mother for substance abuse treatment and parenting classes. The trial court ordered continued services with necessary referrals and ordered both parents to comply with the drug

-2- screens and the treatment plan in general. The trial court also informed both parents that if they needed transportation for the drug screens, they could request bus tickets.

On April 8, 2015, the trial court held another dispositional review hearing. Neither parent attended the April 8, 2015 hearing. Burrell testified that the parents had not complied with “quite a few of their services.” Father failed to provide proof of employment, failed to provide a physician’s note for prescriptions, and failed to submit to any of the drug screens. Mother was referred for services, but she was terminated from parenting classes, made minimal progress in individual therapy, and failed to obtain a psychiatric evaluation. Furthermore, Burrell explained that both parents recently moved out of the apartment they were living in and moved into a “friend’s home.” Burrell explained that she was “brushed off” when she tried to set up a home visit. Burrell testified that both parents were offered bus passes for attending all of the services, but the parents declined. Burrell agreed that both parents were participating in visitation and that the visits went well; however, overall, Burrell explained that the parents were no closer to reunification then when the children were removed. The trial court found that reasonable efforts for reunification were made and authorized DHHS to move for termination. Thereafter, on May 7, 2015, DHHS filed a supplemental petition to terminate respondents’ parental rights to both children under MCL 712A.19b(3)(c) and (g).

The court held three additional hearings before the termination hearing. On May 13 and May 21, 2015, evidence was submitted to show that both parents were in violation of the treatment plan, both having failed to submit to drug screens. Counsel for father argued that father was out of town for work, which caused him to miss the drug screens. However, Burrell noted that father failed to participate in drug screens before he allegedly started employment out of town and both parents constantly canceled home visits that she tried to arrange. Furthermore, Burrell provided the parents with a list of screening centers that were located near where they lived, one of which was within a 10 minute drive of where the parents lived. The trial court ordered father to present proof that he was out of town for employment if he missed additional drug screens.

The trial court held a two-day termination hearing on August 10, 2015 and October 19, 2015.

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in Re Gregory Minors, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-gregory-minors-michctapp-2016.