Where a respondent’s parental rights were terminated, the trial court abused its discretion by applying a blanket policy disfavoring guardianships for children under a specified age.
Vacated and remanded.
“Respondent appeals as of right the trial court order terminating her parental rights to her minor child, LJL, under MCL 712A.19b(3)(a) (child deserted), (c)(i) (conditions that led to adjudication continue to exist), (g) (failure to provide proper care or custody), and (j) (reasonable likelihood of harm if returned to parent). We affirm the trial court’s findings and conclusions regarding statutory grounds, but vacate the trial court’s best-interests determination, and remand for the trial court to consider whether termination is appropriate without regard to a generalized policy disfavoring guardianships for children under a specified age.
“Respondent argues that the trial court clearly erred by finding a statutory basis warranting termination of her parental rights to LJL. We disagree.
“Respondent argues that the trial court clearly erred when it found that terminating her parental rights was in LJL’s best interests. In doing so, respondent asserts that the trial court abused its discretion by declining to consider the propriety of a guardianship. We conclude that the trial court abused its discretion by applying a blanket policy disfavoring guardianships for children under a specified age.
“We affirm in part and vacate in part. We affirm the trial court’s findings and conclusions regarding statutory grounds. We vacate the trial court’s best-interests determination, and remand for further proceedings consistent with this opinion.”
In re L.J. Lombard, MiLW 07-108051, 8 pages; Michigan Court of Appeals published per curiam; Maldonado, J., Patel, J., N. P. Hood, J.; on appeal from Wayne Circuit Court; Beth A. Miller for appellant; Lucinda M. Vincentini for appellee.
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