In Re O O Claudio-Perez Minor


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 STATE OF MICHIGAN COURT OF APPEALS UNPUBLISHED In re O O CLAUDIO-PEREZ, Minor. September 22, 2022 No. 360356 Kalamazoo Circuit Court Family Division LC No. 18-000181-NA Before: MURRAY, P.J., and O’BRIEN and REDFORD, JJ. PER CURIAM. Respondent-mother appeals as of right the trial court’s order terminating her parental rights to her minor child, OOCP, pursuant to MCL 712A.19b(3)(c)(i), (c)(ii), and (j). Mother argues that her plea of admission taken by the trial court was not knowingly, understandingly, and voluntarily made in light of her language and cultural barriers1 and that she did not receive reasonable efforts toward reunification. We affirm. I. BACKGROUND The primary barriers to reunification throughout the case were mother’s physical abuse and medical neglect of her child, OOCP.2 Mother could not demonstrate the capacity to care for her medically fragile child, who suffered from a rare life-long condition called Ehlers-Danlos syndrome, which affected the production of connective tissues. Because of his condition, OOCP was highly susceptible to serious injury, would bruise on minimal impact, bled profusely when cut, and required extensive and frequent medical attention. OOCP also had other medical conditions, including atrial septal defects, asthma, and developmental and speech delays. In 2015, mother, who was 15 years old at the time, fled from Guatemala to the United States with OOCP 1 Mother’s primary language was tribal Guatemalan, but she also spoke Spanish. 2 Father’s parental rights are not at issue in this appeal. The trial court terminated father’s parental rights pursuant to MCL 712A.19(b)(3)(a)(i), (ii), and (j), finding that father was unidentifiable, deserted OOCP, and that there was a reasonable likelihood that OOCP would be harmed if placed in fathers care. -1- and arrived at the southern border of Arizona, where they were placed in a federal refugee program for two years until they relocated to Kalamazoo in October of 20173. OOCP was removed from mother’s care following an incident on April 25, 2018, when OOCP was admitted to Bronson Children’s Hospital to assess bruising found on his left buttock that extended to his perineum and left scrotum4. Mother claimed that she saw a dime size bruise when she changed OOCP on Friday after school, noticed that the bruise became larger on Sunday, but did not seek care until Tuesday and only after a Bethany Christian Services (BCS) worker encouraged her to seek medical attention for OOCP. Mother reported that she did not know where OOCP’s injury came from. OOCP also had bruises that wrapped around his bilateral lower extremity, which appeared to be at various stages of healing. The attending physician reported that OOCP’s unexplained injury, which she opined was not consistent with a fall, coupled with mother’s failure to promptly seek medical care, indicated that OOCP’s injury was a product of abuse. On that same day, April 25, 2018, the court authorized the Department of Health and Human Services (DHHS) to petition …

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