In Re Smith-Taylor Minors

── In Re Smith-Taylor Minors ── Court: Michigan Court of Appeals Date: May 21, 2026 Category: General 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 STATE OF MICHIGAN COURT OF APPEALS UNPUBLISHED May 21, 2026 11:19 AM In re SMITH-TAYLOR, Minors. No. 374296 Wayne Circuit Court Family Division LC No. 2019-002165-NA Before: FEENEY, P.J., and GARRETT and BAZZI, JJ. PER CURIAM. Respondent appeals as of right the trial court’s orders terminating her parental rights to the minor children, DLS, DES, DS, and DST, under MCL 712A.19b(3)(c)(i), (c)(ii), (g), and (j). For the reasons set forth below, we affirm. I. BASIC FACTS AND PROCEDURAL HISTORY This family came to the attention of Children’s Protective Services (CPS) in the fall of 2019. At the time, respondent was married to E. Smith-Taylor, and they shared two children: DLS and DES. DS and DST were not yet born. Respondent threatened Smith-Taylor with a knife after smoking marijuana that was allegedly laced with another substance. Following this event, respondent fled from the ambulance that was transporting her to a mental health facility for evaluation. Four days later, respondent was found in a vehicle on the side of the road. She was incoherent and DES, then only three months old, was in the backseat of the vehicle. Respondent was admitted to the hospital for evaluation and treatment. DLS and DES remained in their father’s care. Approximately 10 days later, DES was transported to the hospital with severe physical injuries, including a skull fracture, bilateral subdural hematomas, anoxic brain injury, liver lacerations, fractured ribs, and retinal hemorrhages. DLS, then 17 months old, also showed signs of physical abuse, although less severe. Petitioner, the Department of Health and Human Services (DHHS), filed petitions seeking termination of Smith-Taylor’s parental rights. Regarding respondent, DHHS requested that the court take temporary custody of the children. However, in January 2020, DHHS filed an amended petition seeking termination of respondent’s parental rights to DES and DLS at the initial -1- disposition. Because DHHS now sought termination at the initial disposition and it concluded that aggravated circumstances were present, DHHS did not prepare a parent-agency treatment plan (PATP) for respondent. In the summer of 2020, respondent gave birth to her third child, DS. DHHS filed a permanent custody petition relative to this newborn child on September 15, 2020. Eventually, the petitions were combined, the statutory grounds and best-interest hearings were held and, in February 2021, the trial court terminated respondent’s parental rights to DLS, DES, and DS. Respondent appealed, and on October 14, 2021, this Court affirmed the trial court’s orders. In re Smith-Taylor, 339 Mich App 189; 981 NW2d 511 (2021), rev’d 509 Mich 935 (2022). However, on April 8, 2022, in lieu of granting leave, the Michigan Supreme Court reversed this Court’s decision and remanded to the trial court for further proceedings. In re Smith-Taylor, 509 Mich 935 (2022). The Supreme Court first explained that before DHHS is excused from making reasonable efforts toward reunification, there must be a judicial determination that the parent has subjected the child to aggravated circumstances. Id. at 935. It then noted that “[a]ggravated circumstanc