The Michigan Supreme Court determined that DHHS “has an affirmative duty to make reasonable efforts to reunify a family before seeking termination of parental rights.”

“We reverse and remand for further proceedings on whether termination is in the children’s best interests,” the Michigan Court of Appeals has ruled.

The trial court improperly terminated the respondent-mother’s parental rights because DHHS failed to make reasonable efforts to reunify the respondent with her children.

DHHS made reasonable efforts to reunify the respondent-parents with their child despite the challenges presented by the COVID-19 pandemic

The Court stated that the trial court erred when it found by clear and convincing evidence that termination of parental rights to the minor child was proper.

A trial court must examine whether terminating a mother’s parental rights was in the best interests of each child – including whether a guardianship with the maternal grandmother is appropriate.

The opinion is troubling. It does not appear that the child was a victim of domestic violence or that mother failed to protect the child.