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. 
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) 
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) 
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) 
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) 
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) 
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) 
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) 
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) 
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) 
Abandonment. The child has been abandoned under the following circumstances:
(a) 
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) 
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) 
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) 
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. 
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. 
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. 
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. 
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. 
A parent may not terminate his or her parental rights until ten (10) days after the child's birth.
C. 
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. 
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. 
Voluntary termination of parental rights may be withdrawn prior to the entry of a final adoption order for the child.
F. 
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. 
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. 
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. 
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. 
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.