In Re Trejo Minors

This case involves an order terminating parental rights pursuant to MCL 712A.19b; MSA 27.3178(598.19b). Specifically, we address, on first impression, the constitutionality and operation of subsection (5) of this statute that was enacted by 1994 PA 264.1 Appellant-respondent contends that subsection 19b(5) violates due process and that the probate court erred in terminating her parental rights.

We hold that subsection 19b(5) makes termination mandatory if the petitioner establishes a statutory ground for termination under subsection 19b(3) unless the court finds that termination is clearly not…