The Court of Appeals reversed the trial court order terminating parental rights that was based primarily on the doctrine of anticipatory neglect because the evidence did not demonstrate that the child at issue was subject to the same risk of harm as the other child who had been abused by the parent 8 years prior and under very different circumstances.

The Court of Appeals vacated the order terminating Respondents’ parental rights because the trial court plainly erred by excusing reasonable efforts toward reunification without a proper aggravated circumstances finding.

The Michigan Supreme Court held that the Department of Health and Human Services (DHHS) was not required to make reasonable efforts to reunify the family because the respondent-parent subjected the child to aggravated circumstances, as defined under MCL 722.638(1) and (2), by facilitating criminal sexual conduct involving penetration, even though the parent did not personally commit the act.

Trial Court erred in terminating mother’s parental rights to her six children. The Court of Appeals reversed and remanded for further proceedings.

The Michigan Supreme Court has vacated part of the Michigan Court of Appeals ruling in In re JMG/JGG/JMG, Minors, remanding the termination of parental rights case and ordering the trial court to “make an individualized best-interests determination as to each child.”