Dept. of Human Services v. M. P.

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports. STATE OF MICHIGAN COURT OF APPEALS UNPUBLISHED June 24, 2025 10:20 AM In re CD, Minor. No. 371098 Crawford Circuit Court Family Division LC No. 21-004622-NA Before: MARIANI, P.J., and MALDONADO and YOUNG, JJ. PER CURIAM. Respondent-mother appeals by right the order terminating her parental rights to the minor child, CD, under MCL 712A.19b(3)(j) (reasonable likelihood child will be harmed if returned to parent’s home). In a scant, two-paragraph argument on appeal, respondent-mother asserts only that the trial court erred by taking judicial notice of a separate personal protection order (PPO) case between herself and CD’s father, who was not a respondent in this matter, and that there was no need to terminate her parental rights because she was jailed for violating the PPO. We affirm. I. BACKGROUND This case was commenced approximately a month after respondent-mother’s home was raided by a police drug taskforce following three controlled purchases of prescription drugs from respondent-mother, during which the police found and confiscated a dangerous butane-based THC extraction lab from her garage. The minor child, CD, was placed in the care of his father in an ex parte custody order entered in a custody case between the father and respondent-mother. The father was simultaneously granted a PPO against respondent-mother. The same judge presided over this case, the custody case, and the PPO proceedings.1 The trial court took judicial notice of the PPO proceedings in a contempt hearing in this case without objection by respondent-mother’s 1 The trial court also issued another PPO against respondent-mother while this case was pending. -1- attorney. Respondent-mother also was charged criminally, and a different judge presided over her criminal cases. Almost three years after the raid and more than two years after the order of adjudication, the trial court issued a lengthy written opinion that summarized the voluminous testimony in this case. The trial court found that respondent-mother’s noncompliance with petitioner, continued impulsivity and history of defiance, and lack of benefit from services showed that CD would likely be harmed if returned to her care. The trial court then found that respondent-mother’s dishonesty, lack of insight, lack of accountability, and questionable judgment in recently marrying a felon showed that termination was in CD’s best interests. The trial court noted that it had no assurance that CD would be kept safe through custody orders in the parallel custody proceeding because respondent-mother’s conduct throughout this case and as reflected in the PPO case showed that she could not be trusted to follow any such orders. II. PRESERVATION OF ISSUES A respondent must object in the trial court to the trial court’s use of evidence. In re VanDalen, 293 Mich App 120, 135; 809 NW2d 412 (2011). Respondent-mother expressly declined to do so when the trial court directly asked if she had any objection to the trial court taking judicial notice of the PPO matters at a contempt hearing in this case. Waiver does not require any particular language, but it “must be explicit, voluntary, and made in good faith.” In re MJC Minor, ___ Mich App ___, ___; ___ NW3d ___ (2023) (Docket No. 365616); slip op at 3. A party waives an issue by expressly declining a trial court’s invitation to object to a matter. People v Carter, 462 Mich 206, 214-215; 612 NW2d 144 (2000); People v McDonald, 293 Mich App 292, 295; 811 NW2d 507 (2011). If an issue is waived, there is no right to appeal. People v Flores, 346 Mich App 602, 608; 13 NW3d 668 (2023). However, “[o]ut of an abundance of caution,” we will treat this issue “as merely forfeited rather than affirmatively waived.” See Flores, 346 Mich App at 608-609. III. STANDARD OF REVIEW An unpreserved error in a termination-of-parental-rights case is reviewed for plain error affecting substantial rights. In re Ferranti, 504 Mich 1, 29 & n 13; 934 NW2d 610 (2019). Under that standard, a clear or obvious error must have occurred, the error must have affected the outcome of the

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-25-00031-CV ___________________________ IN THE INTEREST OF E.T., A.T., AND E.T., CHILDREN On Appeal from the 231st District Court Tarrant County, Texas Trial Court No. 231-745808-24 Before Kerr, Birdwell, and Wallach, JJ. Memorandum Opinion by Justice Wallach  MEMORANDUM OPINION Father appeals from the trial court’s judgment terminating his parental rights to his minor children on the grounds that Father had “executed before or after the suit [wa]s filed an unrevoked or irrevocable affidavit of relinquishment of parental rights as provided by Chapter 161” of the Texas Family Code and that termination was in the children’s best interest. See Tex. Fam. Code Ann. § 161.001(b)(1)(K), (b)(2). We affirm. Father’s appointed appellate counsel filed an Anders brief stating that the appeal is frivolous and without merit. See Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967); see also In re K.M., 98 S.W.3d 774, 776–77 (Tex. App.—Fort Worth 2003, order) (holding that Anders procedures apply in cases terminating parental rights), disp. on merits, No. 2-01-349-CV, 2003 WL 2006583, at *1–3 (Tex. App.—Fort Worth May 1, 2003, no pet.) (per curiam) (mem. op.). The brief meets the Anders requirements by presenting a professional evaluation of the record and demonstrating why there are no arguable grounds to be advanced on appeal. Further, Father’s counsel (1) provided Father with a copy of the Anders brief, (2) informed Father of his right to file a pro se response, and (3) advised Father of his right to access the appellate record and provided to him a form motion for effectuating that purpose. 1 1 Father’s counsel did not inform Father of his pro se right to seek discretionary review of our opinion should we declare his appeal frivolous, a function that an appointed lawyer who files an Anders brief must fulfill in a criminal appeal. See Tex. R. App. P. 48.4; Kelly v. State, 436 S.W.3d 313, 319 (Tex. Crim. App. 2014). An appointed 2 Father did not file a response, and the Texas Department of Family and Protective Services declined to file a brief. When an Anders brief is filed, we must independently examine the record to determine if any arguable grounds for appeal exist. In re C.J., 501 S.W.3d 254, 255 (Tex. App.—Fort Worth 2016, pets. denied). Our examination should consider the record, the briefs, and any pro se response. In re L.B., No. 02-19-00407-CV, 2020 WL 1809505, at *1 (Tex. App.—Fort Worth Apr. 9, 2020, no pet.) (mem. op.). After careful review, we agree with Father’s counsel that there are no arguable grounds for appeal in this case. We affirm the trial court’s judgment terminating Father’s parental rights. Father’s counsel remains appointed in this case through any proceedings in the Supreme Court unless otherwise relieved of these duties. See Tex. Fam. Code Ann. § 107.016; In re P.M., 520 S.W.3d 24, 27–28 (Tex. 2016) (order). /s/ Mike Wallach Mike Wallach Justice Delivered: June 19, 2025 appellate attorney in a termination appeal has no such obligation, however, because his representation does not end in our court. See In re C.W., No. 02-21-00340-CV, 2022 WL 1155908, at *2 n.3 (Tex. App.—Fort Worth Apr. 19, 2022, pet. denied) (mem. op.). 3

No. 538 June 11, 2025 299 This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1). IN THE COURT OF APPEALS OF THE STATE OF OREGON D. R. H., Petitioner-Appellant, v. SETH THOMAS HOLBROOK, Respondent-Respondent. Yamhill County Circuit Court 22SK02713; A182668 Cynthia Kaufman Noble, Judge. Submitted February 4, 2025. Aron Perez-Selsky filed the brief for appellant. No appearance for respondent. Before Aoyagi, Presiding Judge, Egan, Judge, and Joyce, Judge. JOYCE, J. Affirmed. 300 D. R. H. v. Holbrook JOYCE, J. Petitioner appeals from a judgment denying her petition for a permanent stalking protective order (SPO) against respondent, her ex-husband.1 She contends that the trial court erred in finding that her evidence did not satisfy the requirements for an SPO. On appeal, we review “the evi- dence and all reasonable inferences that may be drawn from it in the light most favorable to the trial court’s disposition.” H. L. P. v. Jones, 309 Or App 108, 109, 481 P3d 415 (2021). Doing so, we conclude that the trial court did not err in denying the SPO, where it was not persuaded by petitioner’s evidence, regardless of whether that evidence would have supported an SPO had the court found the facts differently. Accordingly, we affirm. Petitioner and respondent were married for sev- eral years, and they had two children. Petitioner sought an SPO against respondent after a series of incidents in which respondent came to her home, engaged in conversation with her, and, on at least two occasions, would not leave when told. Petitioner testified that respondent’s visits caused her “alarm” and made her feel “very unsafe” because she “didn’t know what he was going to do next.” Petitioner also testi- fied that when she and respondent were married, he was “emotionally” and “psychologically” abusive and displayed “controlling behaviors, possessiveness, [and] erratic anger.” For example, on several occasions when respondent had become angry while driving her and their son, respondent had accelerated to unsafe speeds and had refused to relin- quish control of the vehicle. Although petitioner testified that respondent was never physically abusive toward her, she stated that respondent was physically abusive toward their son. According to petitioner, respondent had been “dis- proportionate with his discipline” and that “there was actu- ally a time where [their son] did get bruised from spanking.” After hearing the evidence, the trial court entered a judgment denying the SPO. In its letter opinion, the court stated that “based on [its] credibility and demeanor find- ings, [it had] a number of concerns about many aspects of the testimony and the record made in this case.” The court 1 Respondent does not appear on appeal. Nonprecedential Memo Op: 341 Or App 299 (2025) 301 did not specify, beyond that statement, what credibility or demeanor findings it had made. Ultimately, the court con- cluded that “[p]etitioner has failed to meet the burden to satisfy the elements for the continuance of the Stalking Protective Order.” Petitioner appeals, arguing that the trial court erred in concluding that she failed to meet her burden to sat- isfy the requirements for an SPO. In particular, petitioner contends that the record regarding respondent’s visits to her home was sufficient to establish that he made two unwanted contacts that subjectively alarmed her and that her alarm was objectively reasonable. See ORS 30.866(1)(a) - (c) (to obtain an SPO, a petitioner must prove that the respondent engaged in “repeated and unwanted contact[s]” that sub- jectively alarmed the petitioner as to the threat of physical injury, and that the alarm was objectively reasonable). The problem with petitioner’s argument is that we do not understand the trial court to have ruled on the suffi- ciency of the evidence. Instead, it appears to us that the court simply was not persuaded by petitioner’s evidence. Given that, it is immaterial whether the evidence, if believed, was sufficient to support the issuance of an SPO. Our standard of review requires us to review “the evidence and all reasonable inferences that may be drawn from it in the light most favorable to the trial court’s dis- position.” H. L. P., 309 Or App at 109. Where, as here, the trial court did not make any express findings of fact, we “presume that the facts were decided in a manner consistent with the trial court’s ultimate conclusion as long as there is evidence in the record to support those implicit findings.” M. A. B. v. Buell, 366 Or 553, 565, 466 P3d 949 (2020) (inter- nal q

206 June 4, 2025 No. 524 This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1). IN THE COURT OF APPEALS OF THE STATE OF OREGON In the Matter of A. P. N. M., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, v. M. U., Appellant. Polk County Circuit Court 23JU00969; A185938 (Control) In the Matter of A. L. W. M., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, v. M. U., Appellant. Polk County Circuit Court 23JU00970; A185939 Rafael A. Caso, Judge. Argued and submitted April 30, 2025. George W. Kelly argued the cause and filed the brief for appellant. Jeff J. Payne, Assistant Attorney General, argued the cause for respondent. Also on the brief were Dan Rayfield, Attorney General, and Benjamin Gutman, Solicitor General. Before Tookey, Presiding Judge, Joyce, Judge, and Jacquot, Judge. Nonprecedential Memo Op: 341 Or App 206 (2025) 207 PER CURIAM Affirmed. 208 Dept. of Human Services v. M. U. PER CURIAM Mother appeals judgments terminating her paren- tal rights to two of her children, AL and AP. In four assign- ments of error, mother contends that the juvenile court erred in finding that she knew about and aided father’s sex- ual abuse of her stepchild, M, in determining that she was unfit to parent AL and AP, and in concluding that it would be in AL’s and AP’s best interests to terminate mother’s parental rights. We review de novo, ORS 19.415(3)(a), ORS 419A.200(6), and affirm.1 A parent’s rights can be terminated when a court finds by clear and convincing evidence that the parent is “unfit by reason of conduct or condition seriously detrimen- tal to the child,” that “integration of the child * * * into the home * * * is improbable within a reasonable time due to con- duct or conditions not likely to change[,]” and that termina- tion is in the “best interests” of the child. ORS 419B.500(1); ORS 419B.504; ORS 419B.521(1); State ex rel SOSCF v. Stillman, 333 Or 135, 144-46, 36 P3d 490 (2001). “Evidence is clear and convincing when it makes the existence of a fact highly probable or when it is of extraordinary persuasive- ness.” Dept. of Human Services v. R. K., 271 Or App 83, 88, 351 P3d 68, rev den, 357 Or 640 (2015) (internal quotation marks omitted). In her first assignment of error, mother argues that the juvenile court erred in finding that she knew about and aided father’s sexual abuse of M. But mother reported father’s sexual abuse of M to police in April 2018, and, at the termination of parental rights (TPR) trial, M testified that mother knew about father’s sexual abuse. The detailed nature of mother’s report to the police supports its verac- ity. At the TPR trial, mother testified that her report to the police was false, but her account of why she lied to the police is implausible. In addition, the juvenile court found that mother’s testimony was not credible, and that some of M’s testimony about sexual abuse was corroborated and credi- ble. Even on de novo review, we give “considerable weight” 1 Also decided today is Dept. of Human Services v. M. D. M., 341 Or App 201, (Jun 4, 2025), in which we affirm judgments terminating father’s parental rights to the same two children. Nonprecedential Memo Op: 341 Or App 206 (2025) 209 to demeanor-based credibility findings, because the juve- nile court judge “had the opportunity to observe the wit- nesses and their demeanor in evaluating the credibility of their testimony.” Dept. of Human Services v. T. L. B., 294 Or App 514, 516, 432 P3d 343 (2018), rev den, 365 Or 556 (2019) (internal quotation marks omitted). Having reviewed the record de novo and giving due weight to the juvenile court’s demeanor-based credibility findings, we reject mother’s first assignment of error. In her second and third assignments, mother argues that the juvenile court erred in determining that she was unfit to care for AL and AP because she has kept father away from the farm for six years, she intends to continue doing so, and her other children will ensure that father has no contact with AL and AP. However, at the time of the TPR trial, mother was pregnant with her seventh child, and she acknowledged that father was the father. Reviewing the record de novo, it shows that mother is unable or unwill- ing to understand that father is a danger to the children. In addition, mother has not participated in services since 2021, she remains married to and dependent on father, and we

114 June 4, 2025 No. 500 This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1). IN THE COURT OF APPEALS OF THE STATE OF OREGON In the Matter of T. J. L., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, v. J. D. L., Jr., Appellant. Lane County Circuit Court 21JU04755; A185700 (Control) In the Matter of N. J. F. L., aka B. G. C., aka N. L., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, v. J. D. L., Jr., Appellant. Lane County Circuit Court 22JU03067; A185701 Valeri L. Love, Judge. Submitted April 30, 2025. Shannon Storey, Chief Defender, Juvenile Appellate Section, and Elena C. Stross, Deputy Public Defender, Oregon Public Defense Commission, filed the brief for appellant. Dan Rayfield, Attorney General, Benjamin Gutman, Solicitor General, and Inge D. Wells, Assistant Attorney General, filed the brief for respondent. Before Tookey, Presiding Judge, Joyce, Judge, and Jacquot, Judge. Nonprecedential Memo Op: 341 Or App 114 (2025) 115 TOOKEY, P. J. Affirmed. 116 Dept. of Human Services v. J. D. L. TOOKEY, P. J. In this consolidated juvenile dependency case, father appeals judgments changing the permanency plans for his two children from reunification to permanent guardianship. Both children are members of the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians, making the case subject to the federal Indian Child Welfare Act, 25 USC §§ 1901-1963, and the Oregon Indian Child Welfare Act, Or Laws 2020, ch 14, §§ 1-66 (Spec Sess 1) (codifying new pro- visions at ORS chapter 419B.600 to 419B.665 and amending various sections of ORS chapters 350, 418, 419A, and 419B). The juvenile court changed the plans after deter- mining that, although the Oregon Department of Human Services (ODHS) made “active efforts,” father failed to make sufficient progress toward reunification. See ORS 419B.476(5)(k)(A) (requiring “active efforts” on the part of ODHS to facilitate an Indian child’s safe return home); ORS 419B.645 (defining “active efforts”). On appeal, father raises four assignments of error, two with respect to each child. In his first and second assignments of error, father contends that the juvenile court “erred in ruling that the department’s efforts to reunify [children] qualified as ‘active efforts.’ ” In his third and fourth assignments of error, father contends that, as a result, the juvenile court “erred in ruling to change [children]’s permanency plans away from reuni- fication to guardianship.” For the reasons explained below, we affirm. Father has not requested de novo review, and this is not an exceptional case in which de novo review is war- ranted. ORS 19.415(3)(b) (providing that de novo review is a matter of discretion when the appeal is not from a proceed- ing for the termination of parental rights); Dept. of Human Services v. J. G., 260 Or App 500, 502, 317 P3d 936 (2014) (“[T]here is a presumption against granting de novo review, and we do so only in exceptional cases.”). Absent de novo review, we “review the juvenile court’s legal conclusions for errors of law” and “we defer to the juvenile court’s findings of fact if there is any evidence in the record to support them.” Dept. of Human Services v. Y. B., 372 Or 133, 136, 546 P3d 255 (2024). Nonprecedential Memo Op: 341 Or App 114 (2025) 117 To change the permanency plan for an Indian child to something other than reunification, the juvenile court must determine by clear and convincing evidence that “active efforts as described in ORS 419B.645 were provided to make it possible for the Indian child to safely return home[.]” ORS 419B.476(5)(k)(A).1 “Active efforts” involve a heightened standard that “obligates [O]DHS to do more than create a reunification plan and require the client to execute it independently.” Dept. of Human Services v. M. D., 266 Or App 789, 793, 340 P3d 86 (2014), rev den, 356 Or 767 (2015) (internal brackets and quotation marks omitted); see also ORS 419B.645(3) (“Active efforts require a higher standard of conduct than reasonable efforts.”). ODHS “must assist the [parent] through the steps of a reunification” in a manner that reflects the particular circumstances of the case. M. D., 266 Or App at 793 (internal quotation marks omitted); see also ORS 419B.645(4) (listing requirements for “active efforts” by ODHS). We address father’s assignments of e