In re Mays, Minors

Summary

The Michigan Supreme Court affirmed the finding that clear and convincing evidence supported at least one statutory ground for terminating the respondent mother's parental rights, but reversed the determination that termination was in the children's best interests. The Court held that the factual record was inadequate because the trial court did not consider the children's placement with their maternal grandmother and remanded for further proceedings. Justice Markman dissented, concluding that the termination proceedings and best-interests determination were adequate.

Holdings

1. The trial court did not clearly err in finding that clear and convincing evidence supported termination under at least one of the alleged statutory grounds.
2. The trial court clearly erred in finding that termination was in the children's best interests because the factual record was inadequate to support that determination, particularly because it did not show consideration of the children's placement with their maternal grandmother.
3. The Court declined to reach respondent's claim concerning the sufficiency of the permanency-planning hearing because that issue was not among the claims raised in respondent's Court of Appeals appeal.

Questions Presented

1. Whether the trial court clearly erred in finding that clear and convincing evidence supported at least one statutory ground for termination under MCL 712A.19b(3).
2. Whether the trial court clearly erred in finding that termination of respondent mother's parental rights was in the children's best interests under MCL 712A.19b(5).
3. Whether the Supreme Court should reach respondent's claim concerning the sufficiency of the permanency-planning hearing under MCL 712A.19a.

Disposition

reversed_and_remanded