In Re Williams

779 N.W.2d 286, 286 Mich. App. 253
CourtMichigan Court of Appeals
DecidedNovember 24, 2009
DocketDocket 289260
StatusPublished
Cited by361 cases

This text of 779 N.W.2d 286 (In Re Williams) 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 Williams, 779 N.W.2d 286, 286 Mich. App. 253 (Mich. Ct. App. 2009).

Opinions

Fer CURIAM.

Respondents appeal as of right a circuit court order terminating their parental rights. We affirm regarding Lashawnda M. Wright, respondent mother, reverse with respect to Michael Williams, Sr., respondent father, and remand for further proceedings concerning respondent father. We have decided this case without oral argument pursuant to MCR 7.214(E).

I. FACTUAL AND PROCEDURAL HISTORY

Respondents are the parents of Makyla Williams, who was born on December 7, 2007.1 At the time of Makyla’s birth, respondent mother resided in Odyssey House, a residential substance abuse treatment center [256]*256in Flint. Respondent mother withdrew from Odyssey House on February 1, 2008, before completing her treatment. She returned to Berrien County with two-month-old Makyla, and enrolled in an intensive outpatient treatment program at the Community Healing Center. For approximately six weeks, respondent mother complied with the requirements imposed by the intensive outpatient program.

In March 2008, Children’s Protective Services (CPS) received information that respondent mother had prematurely ceased her outpatient substance abuse treatment and renewed her habitual use of crack cocaine and marijuana. On March 13, 2008, petitioner, Department of Human Services (DHS), filed a petition seeking temporary custody of Makyla. The petition contained no substantive allegations about respondent father.2 A circuit court referee authorized the petition and ordered Makyla placed in foster care. The parties have not provided this Court with the transcript of the March 13, 2008, preliminary hearing, and it is uncertain whether respondent father attended. The circuit court record reflects that respondent mother appeared and requested appointed counsel, and that the court appointed counsel for her.

Petitioner filed an amended petition on March 24, 2008, containing greater detail regarding respondent mother’s substance abuse history. The amended petition recited that respondent father “is the legal father of Makyla,” but contained no allegations that respon[257]*257dent father had neglected or abused Makyla or lacked the capacity to care for her.

On May 7, 2008, a circuit court referee conducted a bench adjudication trial. Respondent mother did not attend the trial, but was represented by counsel. The referee preliminarily observed with respect to respondent father, “Mr. Williams, you are here without counsel. It’s my understanding that you’re going to represent yourself?” Respondent father replied affirmatively, and the following colloquy ensued:

The Referee: Okay. And you understand that you have the right to do that?
Respondent Father: Yes.
The Referee: And you also understand that the same rules and regulations apply whether you have counsel or not? So you still have to comply with the same laws and rules. You understand that, sir?
Respondent Father: Yes.
The Referee: All right. And we’ll go ahead and proceed because notice is proper.

The prosecutor called respondent father as her first witness. Respondent father testified that he lived with his mother, received social security disability income for a disease that he described as “a spot on my lung,” and earned additional income doing “odds and ends.” Respondent father agreed that respondent mother had a “very unstable” lifestyle and lacked housing and a source of income. In response to questions posed by the referee, respondent father explained that he spent time with Makyla every day, fed her, and changed her diapers. Respondent father volunteered that he had given respondent mother money to prevent her from “end[ing] up in the streets.”

[258]*258A supervisor and therapist at the Community Healing Center testified that respondent mother continued to abuse crack cocaine, marijuana, and alcohol, and failed to successfully complete the intensive outpatient treatment program. Amanda Forrester, Makyla’s foster care worker, recounted that in March 2008 respondent mother had admitted regularly using cocaine and marijuana, and Forrester stated that services had been offered to respondent mother. Neither respondent presented any evidence.

The prosecutor requested that the court find “that there’s a preponderance of evidence that the mother has neglected the child and the child’s at risk in her care, and that the father’s not in a position to be able to provide for the child on his own.” Respondent father argued:

Your honor, I haven’t — my condition and whatever is wrong with me, there’s a lot of people a lot sicker than me that have custody of their children like this. And I take care of little June, I take care of little Mike, and I take care of her too. I stay up, I watch her, change their diapers, feed them three or four, five o’clock in the morning....
And my physical problem does not prevent me from not taking — from not taking care of them. I take care of them. I feed them. I buy them [P]ampers. I buy whatever they need, milk and everything. I support them.

The referee determined that Makyla came within the court’s jurisdiction, finding that “transferring this child back to the home of either parent would be inappropriate and would potentially cause more harm than any good that can come of it.” After the referee announced his ruling, respondent father objected, “I don’t see why I can’t have temporary custody of them because I don’t smoke drugs, I do not do drugs. I’m at home with them.”

The referee proceeded to conduct a dispositional hearing. Forrester recommended that Makyla remain in [259]*259placement with respondent father’s sister, and responded as follows to questions posed by the prosecutor:

Q. And this is Mr. Williams Senior’s sister?
A. Yes.
Q. That gives him pretty good access to his child?
A. Yes. It does. Michael Senior’s mother provides daycare for the child during the time and she lives in the same home as Michael, Senior. So he does have that — liberal access to the child.
Q. And in terms of Mr. Williams, he’s a pretty nice guy?
A. Yes. He is.
Q. He’s been very consistent in caring for his children and being involved?
A. Yes.
Q. He wants to be involved with his children’s lives?
A. Yes.
Q. And he actually visits and spends as much time as possible with them. Is that correct?
A. As far as I know. Yes.

Forrester then described that “about a year ago” she received a “form” from respondent father’s physician “basically stating that Mr. Williams needs help with shopping, laundry, meal preparation, some basic chores.” At the bottom of the form, Forrester had inquired of the physician, “Does this patient’s medical condition keep him from being able to parent/raise a 4-month old child until he is an adult?” The physician wrote, “Yes,” and underlined it.

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Bluebook (online)
779 N.W.2d 286, 286 Mich. App. 253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-williams-michctapp-2009.