The purpose of this section is to provide for the voluntary
and involuntary termination of the parent-child relationship and for
the substitution of parental care and supervision by judicial process.
This article will be construed in a manner consistent with the philosophy
that the family unit is of significant value to the community, and
will preserve the family whenever possible. When the breakup of a
family is required to ensure the health, safety and well-being of
a child and it has been clearly demonstrated that those charged with
the rights and responsibilities of parenthood are unable to adequately
provide a safe and nurturing environment in which children may grow
into functioning and contributing adults, those rights of parenthood
will be terminated and the responsibilities vested in those persons
or entities who may adequately provide for children. Termination of
the parent-child relationship should be used only as a last resort
when, in the opinion of the court, all efforts have failed to avoid
termination and it is in the best interests of the child concerned
to proceed under this section.
A.Â
Grounds for involuntary termination. The Court may terminate the
parental rights of a parent to a child adjudicated as a protected
child if the Court finds, by clear and convincing evidence, one or
more of the following:
(1)Â
Physical injury or sexual abuse. The child or a child's sibling
has suffered physical injury, or physical or sexual abuse, under either
of the following circumstances:
(a)Â
A respondent's act or omission caused injury or abuse of
a child and the Court finds that there is a reasonable likelihood
that the child remains at risk of injury or abuse in the foreseeable
future if reunified into the respondent's custody and control;
or
(b)Â
A respondent who has or had the opportunity to prevent the physical
injury or physical or sexual abuse failed to do so and the Court finds
that there is a reasonable likelihood that the child will suffer injury
or abuse if reunited into the custody of the respondent.
(2)Â
Unrectified conditions and circumstances. The respondent was found
to be subject to provisions of the children's code, which resulted
in the adjudication of a protected child, and twelve (12) or more
months have elapsed since the issuance of an initial disposition order,
and the Court finds either of the following:
(a)Â
The respondent has not substantially complied with the reasonable
reunification portion of a disposition plan and has received notice
of all applicable hearings and procedures, and it is in the best interests
of the child to terminate the parental rights of the respondent;
(b)Â
The conditions and circumstances that led to the adjudication
continue to exist and there is no reasonable likelihood that the conditions
will be rectified within a reasonable time considering the age of
the child and the fault or habits of the parent; or
(c)Â
Other conditions exist that cause the child to meet the definition
of a protected child and the respondent cannot remedy the situation
within a reasonable amount of time considering the age of the child.
(3)Â
Failure to provide proper care. The respondent, without regard to
intent, has demonstrated an inability or unwillingness to adequately
provide proper care or a nurturing environment for the child and efforts
to reunify the family have failed because the respondent shows no
intent, inclination, or ability to substantially comply with a reasonable
reunification plan, and it is in the best interests of the child that
parental rights be terminated.
(4)Â
Abandonment. The child has been abandoned under the following circumstances:
(a)Â
A parent of a child is unidentifiable or has had substantially
no contact with the child for twenty-eight (28) or more calendar days
and has not sought custody of the child during that period. For purposes
of this section, a parent is unidentifiable if the parent's name
and location cannot be ascertained after practical attempts have been
made to locate and identify the parent; or
(b)Â
A parent has left a child in the care of others, including a
legal custodian for at least thirty (30) calendar days and has not
provided for support of the child for a period of at least six (6)
months. The failure to provide support and to communicate with a child
for a period of at least six (6) months will be presumptive evidence
of intent to abandon the child.
(5)Â
Conviction of violent or sexual crime. A respondent has been convicted
of a violent or sexual crime in which a family member or another child
was a victim.
(6)Â
Imprisonment for more than two (2) rears. A respondent is sentenced
to serve two (2) years or more and has not provided for the child's
proper care, custody, contact, emotional support, and support for
the period of incarceration, and there is no reasonable expectation
that the Respondent will be able to provide proper care and custody
within a reasonable time considering the age of the child.
B.Â
Termination at initial disposition. If a petition to terminate parental rights is filed under Article XX, § 7.5-37A(1) through (6), the Court may enter an order terminating parental rights under Article XVII at the initial disposition hearing.
C.Â
Quality of evidence. All reliable, probative and material evidence
may be admitted at the trial and may be relied upon by the Court.
Hearsay evidence is admissible. In determining the admissibility of
evidence, the court may use the Michigan Rules of Evidence as a guide.
D.Â
Termination of parental rights order. An order terminating parental
rights under this code may not be entered unless the Court makes findings
of fact, states conclusions of law, and includes the statutory basis
for the order. The Court may state the findings and conclusions on
the record or include them in a written opinion. If the Court does
not issue a decision on the record following a termination hearing,
it will file a written order within fourteen (14) calendar days after
the taking of final proofs.
A.Â
Parental rights may voluntarily terminate by executing the approved
form within the presence of and with the approval of the Court. A
parent who wishes to voluntarily terminate his or her rights will
be counseled on the record by the Court regarding the rights he or
she is relinquishing, including the right to inherit from the child
and to decide how the child is raised, as examples.
B.Â
A parent may not terminate his or her parental rights until ten (10)
days after the child's birth.
C.Â
The Court will make findings of fact to ensure that the person seeking
to terminate parental rights has been advised of and understands his
or her rights and the consequences of voluntary termination prior
to approving orders of termination.
D.Â
A person who wishes to voluntarily terminate his or her parental
rights will be provided an interpreter if he or she does not understand
English.
E.Â
Voluntary termination of parental rights may be withdrawn prior to
the entry of a final adoption order for the child.
F.Â
Withdrawal related to fraud or duress. A person who has voluntarily
terminated parental rights may withdraw such consent and demand reestablishment
of the parent-child relationship upon a showing to the Court by clear
and convincing evidence that such consent was obtained by fraud or
duress.
G.Â
Prior to the entry of an order for voluntary termination of parental
rights, the Court will determine that entry of such an order is in
the best interest of the affected child. If the Court declines to
grant a voluntary termination, the Court will refer the case to SSU
for a mandatory safety assessment.
A.Â
Orders of termination: child's continued right to benefits.
An order terminating the parent-child relationship will not bar entitlement
of a child to any benefit due the child from any third person, agencies,
state or the United States, nor will any action under this code be
deemed to affect any rights and benefits that child derives from the
child's descent from a member of a federally recognized Indian
tribe.
B.Â
Advise of right to appeal. Immediately upon entry of an involuntary
order terminating parental rights, the Court will advise the respondent
orally for the record or in writing of the right to appeal the final
order of termination. Appellate review will be by right. The clearly
erroneous standard will be used in reviewing the findings of the Court
on appeal from an order terminating parental rights.
C.Â
Post-termination review hearings. If a child remains a protected
child following the termination of parental rights, the Court will
conduct a review hearing, at least every ninety (90) days to review
and modify the final permanency plan. The Court will make findings
as to whether active efforts have been made to establish permanent
placement for the child in compliance with the final permanency plan
and may enter such orders as it considers necessary in the best interests
of the child.
