Background
JW and GW were sexually abused by their maternal grandfather, who had also sexually abused their mother during her childhood. The paternal grandmother and aunt testified that they told the mother in 2021 that JW had disclosed sexual abuse, but the mother called JW a liar, did not report the disclosure, and later returned the children to the grandfather’s household. Both children disclosed sexual abuse during forensic interviews in 2024.
After learning of the earlier disclosure and the mother’s continued placement of the children with the grandfather, the Department of Health and Human Services amended its petition to seek termination. The trial court terminated the mother’s parental rights under MCL 712A.19b(3)(b)(ii) for failing to protect the children from sexual abuse. Although the mother had identified possible tribal affiliations, the lower-court record contained neither copies of the notices reportedly sent to the potential tribes nor proof of delivery.
The Court’s Holding
The Court of Appeals conditionally reversed and remanded because the missing ICWA notice documentation prevented the courts from determining whether proper notice had been given and whether an Indian child was involved. The error could not be deemed harmless merely because a caseworker had orally reported that the tribes were contacted and found the children ineligible. On remand, the trial court must resolve the ICWA notice issue.
The court otherwise rejected the mother’s challenges to termination. An amended petition could seek termination at the initial dispositional hearing, and the trial court could find aggravated circumstances despite having previously ordered reunification efforts. The evidence supported finding that the mother failed to protect the children after learning of the danger, that future abuse was reasonably likely, and that termination was in each child’s best interests. The court also found no plain evidentiary error, rejected the anticipatory-neglect argument because the statute covers abuse of a child or sibling, and concluded that the trial court adequately considered the children’s bonds and relative placement.
Key Takeaways
- When a child may have tribal affiliations, the record must contain the actual ICWA notices and proof that they were delivered; oral assurances that tribes were contacted are insufficient.
- An amended petition may request termination at the initial dispositional hearing, and a prior reunification order does not prevent a later finding of aggravated circumstances.
- A parent may face termination for failing to prevent sexual abuse by another person when the parent had an opportunity to protect the child and future abuse is reasonably likely.
Why It Matters
The decision underscores that ICWA notice requirements are record-based safeguards, not formalities that can be satisfied through undocumented caseworker statements. Even when the evidence otherwise supports termination, missing notices and delivery records require conditional reversal and further proceedings.
At the same time, the opinion confirms that Michigan courts may terminate parental rights at the initial disposition on an amended petition when admissible evidence establishes a statutory ground and termination serves the children’s best interests.