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STATE OF MICHIGAN
COURT OF APPEALS

In the Matter of KEYSHAWN WILKERSON, Minor.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellee, v KEITH McKINNEY, Respondent-Appellant, and DEBORAH WILKERSON, Respondent.

UNPUBLISHED December 11, 2007

No. 277781 Kent Circuit Court Family Division LC No. 04-058044-NA

In the Matter of KEYSHAWN WILKERSON, Minor.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellee, v DEBORAH WILKERSON, Respondent-Appellant, and KEITH McKINNEY, Respondent. No. 277782 Kent Circuit Court Family Division LC No. 04-058044-NA

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Before: Davis, P.J., and Murphy and Servitto, JJ. PER CURIAM. In these consolidated appeals, respondents appeal as of right from the trial court order terminating their parental rights to the minor child pursuant to MCL 712A.19b(3)(c)(i) and (g). Respondent Deborah Wilkerson's parental rights were also terminated pursuant to MCL 712A.l9b(3)(l). We affirm. In December 2004, petitioner sought to place nine-year old Keyshawn in the court's custody, alleging that respondent-mother had stabbed her live-in boyfriend and tested positive for drug use. The petition also alleged that respondent-mother had her parental rights to five other children previously terminated. Although the original petition sought termination of respondent-mother's parental rights, because of the strong bond between respondent-mother and Keyshawn and evidence that she had properly cared for him since infancy, the court took temporary custody of the child and ordered respondent-mother to comply with a treatment plan that required her to address concerns regarding domestic relations, housing, substance abuse, parenting skills, emotional stability, behavior, and physical health issues. Respondent-mother made little progress on her plan. She failed to complete domestic violence counseling or anger management classes to which petitioner referred her because of the domestic violence issues. During the period Keyshawn was in the court's temporary custody, there was evidence of domestic incidents involving respondent-mother and two different men in May 2005 and July 2006. Respondent-mother lived with the individual involved in the July 2006 incident. Respondent-mother also failed to address the concerns regarding substance abuse. She did not attend NA or AA as requested. She also abused alcohol and came intoxicated to visits with Keyshawn. Caseworkers began administering breathalyzer tests at visits, and on February 22, 2006, when respondent-mother tested positive for alcohol use for the third time, respondent-mother's visits were suspended until she was able to demonstrate 30 days' compliance with her treatment plan, including negative drug screens. Respondent-mother never managed to meet those terms before the termination trial. She also failed to establish that she had suitable housing, verify her disability payments, manage her extreme emotional fluctuations, and she failed to provide a written plan for Keyshawn's care during her frequent hospitalizations for her rare blood disorder. Respondent-father had not been a part of Keyshawn's life for several years, but when he was informed of the proceedings, he indicated that he wanted to plan for the child. Although the original petition raised no allegations against respondent-father, during the course of the proceedings, petitioner prepared a parent-agency agreement for respondent-father to address concerns of substance abuse, emotional stability, and parenting skills. Respondent-father made some progress under the agreement, and Keyshawn was placed in his care in June 2006. In September 2006, respondent-father was arrested and charged with retail fraud. During his incarceration, he placed Keyshawn with respondent-mother and her live-in partner, Curtis Fitzpatrick, despite his knowledge that respondent-mother was prohibited from having contact

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with the child. He failed to notify the caseworker of his incarceration or the child's placement. He admitted to the caseworker that he smoked marijuana while Keyshawn was in his care but not in front of the child. After his release, he failed to reestablish contact with the caseworker for several weeks and then missed scheduled meetings. Despite his contention that he had not smoked marijuana since August 2006, a hair follicle test on November 16, 2006, tested positive for marijuana, indicating daily or serious use. Petitioner filed a supplemental petition seeking termination of both respondents' parental rights on October 16, 2006. At trial, after both parties had presented their witnesses and made their closing arguments, the court reopened proofs, without objection, to question Keyshawn. Keyshawn testified that he did not want to live with respondent-father, explaining that he went to jail too often. He also testified that respondent-father had spanked him with a belt and shoplifted while Keyshawn served as a diversion. On April 9, 2007, the trial court terminated both respondents' parental rights to Keyshawn. Respondent-mother's parental rights were terminated under

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