Judge orders adoption be pursued, directs agency to file termination petition within 28 days

The judge at a Lenawee County Probate & Juvenile Court hearing ordered the child’s permanency goal changed to adoption and directed the agency to file a petition to terminate parental rights within 28 days, with a review hearing set for April 28 at 10:30 a.m.

Court testimony and documents presented at the permanent planning hearing showed the child, Kyler, is placed with caregivers who have bonded with him and prefer legal permanency through adoption, while the child welfare agency reported persistent barriers to reunification including housing instability, financial instability and parental substance use.

Leslie Conrad, a foster-care worker with Fostering Solutions, testified she observed the child in placement on Jan. 22, 2025, and said the placement is “very invested in Kyler’s development” and that the child has reached developmental milestones and is bonding with the caregivers. Conrad told the court the caregivers refer to the placement as “mom and dad” and that they want legal permanency; she also said guardianship would require licensing and possibly a subsidy, while adoption would not require the same licensing.

Conrad described ongoing concerns about both parents’ ability to provide a stable home. She testified the agency received an additional forensic fluid drug screen for mother Emily Gerber collected Jan. 23, 2025, that was positive for THC and Suboxone, and that earlier screens included positives for hydrocodone and oxycodone, which Gerber acknowledged and described as relapses. Conrad said the level of Suboxone in one screen was unusually high relative to typical levels and that the substance-abuse therapist expressed concern it might indicate misuse: “progress in treatment is impaired by lack of attendance,” she quoted the therapist.

Conrad said father Wesley Piper has shown increased engagement with individual counseling and supplied screenshots purporting to show income of roughly $1,000 in November, $1,300 in December and $1,100 in January, though she noted those figures are unverified. She told the court both parents attend supervised parenting time consistently and provide appropriate care during visits, but the agency remains concerned about housing that is shared with changing roommates and cannot be reliably monitored.

Sajid Thomas, counsel for the department, argued the agency had provided services and supports over many months and that the barriers to reunification were longstanding and unlikely to be resolved in a reasonable time frame for a child of Kyler’s young age. Thomas asked the court to adopt adoption as the primary permanency goal.

Ariel Berger, attorney for mother Emily Gerber, asked the court for another reporting period before changing the goal, saying sobriety is not linear and her client had been candid about struggles and needs. Michael McFarland, counsel for father Wesley Piper, asked the court to consider a concurrent plan that would keep reunification as a possibility while pursuing adoption if reunification failed; he also asked the court to consider the father for expanded or unsupervised visits on his own record.

After hearing from the parties, the judge found the parents had not made sufficient progress on critical barriers (stable housing, reliable income, driver’s licenses and sustained substance-use treatment). The court changed the permanency goal to adoption, ordered the agency to file a petition for termination of parental rights within 28 days, and set a review hearing for April 28 at 10:30 a.m., to be consolidated with termination proceedings if the petition is filed in time. The court also left visitation frequency to the discretion of the foster-care caseworker and noted visitation could be reduced to weekly or biweekly pending further developments.

The judge noted the agency had provided reunification services and that the child needs stability and permanency now. The court directed the agency to continue supervised visits for the parents and to file the required petition promptly.

The court admitted the agency’s court report and attachments into evidence without objection.