In re Williams
| Decision Date | 24 November 2009 |
| Docket Number | Docket No. 289260. |
| Citation | 779 NW 2d 286,286 Mich. App. 253 |
| Parties | In re WILLIAMS. |
| Court | Court of Appeal of Michigan — District of US |
Norm R. Perry, Berrien Springs, for Lashawnda Masjay Wright and Michael Williams, Sr.
Before: OWENS, P.J., and SERVITTO and GLEICHER, JJ.
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).
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 in 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 respondent 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, Respondent father replied affirmatively, and the following colloquy ensued:
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 "ending up in the streets."
A 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:
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,
The referee proceeded to conduct a dispositional hearing. Forrester recommended that Makyla remain in placement with respondent father's sister, and responded as follows to questions posed by the prosecutor:
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. Forrester advised that respondent father willingly signed two additional medical releases, but despite her efforts the physician had yet to supply her with additional information. Forrester asserted that she wanted the physician to elaborate and admitted that she saw no reason why respondent father could not provide care "with the assistance of his family members." According to Forrester, petitioner had neither offered nor provided any services to respondent father, apart from a parenting class that respondent father successfully completed in the course of the child protective proceeding regarding Michael, Jr. Forrester recommended only that respondent father maintain contact with Makyla. Regarding respondent mother, Forrester recommended substance abuse treatment followed by individual counseling, a parenting class, and weekly parenting time.
The prosecutor sought clarification of Forrester's recommendations by inquiring, "So you're not—your goal isn't to keep the children from Mr. Williams?" Forrester responded, "No. It's not." The referee addressed respondent father and highlighted that "the prosecutor and the Department of Human Services, everybody thinks that you're a pretty good dad." The referee then advised respondent father that "we want to get a handle on" any health restrictions, and that he should stop "enabling" respondent mother by giving her money. Respondent father agreed to cooperate with petitioner. The circuit court's order of May 9, 2008, afforded respondent father "liberal and frequent" parenting time "supervised by the Department of Human Services and/or its designee."
On July 30, 2008, the referee conducted a dispositional review hearing. The prosecutor noted that a termination petition had been requested "in the companion file" involving Michael, Jr.3 The lawyer-guardian ad litem reviewed that respondent mother had missed "a significant number of drug screens," and "needs a lot of services" that she had failed to initiate. Neither the prosecutor nor the lawyer-guardian ad litem voiced any concerns about respondent father. The referee then noted that respondent father had "pulmonary sarcosis sarcoidosis." In response to the referee's questions, respondent father explained that he took medication and received treatment for this condition, which had remained "the same" since its original diagnosis in 1987 or 1989. The referee then spoke at length with respondent mother, and warned her that if she continued to use drugs she would lose her children. The referee opined:
None of the hearing participants further...
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