In re: Brett Lee Bryant/Department of Social Services v. Wakely, et al.

The Department of Social Services (DSS) filed a petition to terminate the rights of the two natural parents of a child with respiratory problems.  The mother, who is serving a 10-to 40-year prison term, sought to have the child placed with the maternal grandparents.  The Michigan Court of Appeals on June 13, 1991 upheld the decision of the trial judge that a grandmother who smokes would not provide a suitable home for a child with respiratory problems.  The trial judge had found, in part, that the child needs a smoke-free environment and should live close to the hospital where he is being treated.  The appellate court found that there was sufficient evidence for the trial judge to rule that placement with the maternal grandparents would not be in the child’s best interests.

No. 131708, (Mich. Ct. of App. 1991).