A child living safely with a relative does not automatically prevent termination of a parent’s rights in Michigan, depending on the circumstances. A recent unpublished Michigan Court of Appeals decision, In re Gall, illustrates why courts must still conduct a separate best-interest analysis before terminating parental rights.

What Happened in the Case?

The child in In re Gall, No. 378609 (Mich. Ct. App. Aug. 7, 2026), was born with multiple substances in his system, including cocaine, benzodiazepines, methamphetamine, heroin-related substances, and other drugs. He experienced withdrawal symptoms and remained hospitalized for more than six weeks. The mother acknowledged a lengthy substance-abuse problem, lack of prenatal care, and an inability to provide stable housing or employment.

The mother also had previously lost parental rights to another child because of substance abuse, untreated mental-health issues, and failure to complete court-ordered services. During the new case, she continued using heroin and crack cocaine and did not maintain consistent contact with the child.

The child was placed with his maternal grandparents. The grandmother wanted to adopt him, and testimony established that the child was thriving and had developed bonds with the grandmother and his half sibling.

Why Did the Court Allow Termination?

Michigan law requires two separate findings. First, DHHS must establish at least one statutory ground for termination by clear and convincing evidence. MCL 712A.19b(3). Second, the court must determine by a preponderance of the evidence that termination is in the child’s best interests. MCL 712A.19b(5); In re White, 303 Mich App 701, 713 (2014).

At the best-interest stage, courts may consider the parent-child bond, parenting ability, the child’s need for permanency and stability, visitation history, the child’s well-being in placement, and the possibility of adoption. In re White, 303 Mich App at 713-714.

Relative placement is particularly important. Michigan courts recognize that placement with relatives weighs against termination and must be considered. But it is not an absolute bar. A court may still terminate parental rights if termination is in the child’s best interests. In re Olive/Metts, 297 Mich App 35, 43 (2012).

In Gall, the Court of Appeals affirmed because the trial court considered the relative placement and found that the mother had not addressed her longstanding substance-abuse problems, had little involvement in the child’s life, had not exercised available visitation, and lacked stable housing. The child was thriving with the grandmother, who was willing to adopt.

What Does This Mean for Michigan Parents?

A relative placement can be an important protection against termination, but it does not decide the case by itself. The court must examine the entire record and determine what serves the individual child’s best interests.

If CPS is seeking termination of your parental rights, the evidence concerning treatment, visitation, housing, parenting ability, relative placement, and your relationship with your child can matter significantly. An experienced Michigan CPS defense attorney can evaluate the specific facts and identify the issues that need to be addressed.

Frequently Asked Questions

Can CPS terminate parental rights if my child lives with grandparents?

Yes. Relative placement weighs against termination, but it does not automatically prevent termination if the court finds termination is in the child’s best interests.

Does completing drug treatment prevent termination?

Not necessarily. The court considers the parent’s actual progress and the entire record, rather than simply whether treatment was attempted.

What should I do if CPS is seeking termination?

Speak with a Michigan attorney promptly. The evidence presented during the case can determine whether parental rights remain at risk.

If you are facing a CPS investigation, termination petition, or parental-rights hearing, The Kronzek Firm can review the circumstances of your case and discuss the legal options available to you.

📞 Our highly respected attorneys have fought for thousands of Michigan clients for more than 30 years. You can reach our Lansing office 24/7 by calling (517) 886-1000 or by email at contactus@kronzek.law. Our team is available 24/7 for emergency consultation. 

[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]