The Department of Health and Human Services (DHHS) petitioned the Lenawee Circuit Court, Family Division, to take jurisdiction over two minor children, CB and ME, and terminate the parental rights of their mother after CB alleged sexual abuse by two of the mother's male friends. CB claimed the mother was aware of the abuse and allowed it in exchange for drugs. The court authorized the petition, suspended the mother's parenting time, and ordered the children to remain with their father. At the combined adjudication and termination hearing, CB testified about the abuse, and the court found her testimony credible, concluding that grounds for adjudication and termination existed.
The trial court terminated the mother's parental rights under MCL 712A.19b(3)(b)(i), (b)(ii), and (j), finding that termination was in the children's best interests. The mother appealed, and the Michigan Court of Appeals reversed and remanded, concluding that aggravated circumstances were not present under MCL 722.638(1)(a)(ii) because the mother was not the perpetrator of the criminal sexual conduct. The court also found that the trial court erred by not advising the mother of her right to appeal the removal order.
The Michigan Supreme Court reviewed the case and held that under MCL 712A.19a(2)(a), DHHS is not required to make reasonable efforts to reunify the family when there is a judicial determination of aggravated circumstances as provided in MCL 722.638(1) and (2). The court concluded that the mother subjected CB to aggravated circumstances by facilitating criminal sexual conduct involving penetration, even though she did not personally commit the act. The court also found that the trial court's failure to advise the mother of her right to appeal the removal order was plain error but did not affect her substantial rights. The Supreme Court reversed the Court of Appeals' judgment and reinstated the trial court's order terminating the mother's parental rights.