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STATE OF MICHIGAN COURT OF APPEALS
In the Matter of DAMEN SCOTT WHITMANKOVICH, Minor.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellee, v REN KOVICH, Respondent-Appellant.

UNPUBLISHED April 23, 2009

No. 287817 Monroe Circuit Court Family Division LC No. 07-020359-NA

In the Matter of ABIGAIL HAZEL WHITMAN, Minor.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellee, v REN KOVICH, Respondent-Appellant. No. 289377 Monroe Circuit Court Family Division LC No. 07-020359-NA

Before: Borrello, P.J. and Murphy and M. J. Kelly, JJ. PER CURIAM. In these consolidated appeals, respondent challenges two orders that terminated his parental rights to the minor children under MCL 712A.19b(3)(g) and (j). Because we conclude that there were no errors warranting relief, we affirm. The trial court did not clearly err in finding that the statutory grounds for termination were proven by clear and convincing evidence. MCR 3.977(J); In re Miller, 433 Mich 331, 337; 445 NW2d 161 (1989). The children were removed, in part, on allegations that respondent failed

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to provide for their care. Respondent also had a history of domestic violence against the children's mother. Respondent admitted these allegations and was ordered to comply with the service agreement. By his own admission, respondent did nothing to comply. Respondent's total failure to attempt to complete services was evidence that he was not in a position to provide the children with proper care or custody. More importantly, however, was the fact that respondent was in prison at the time of the termination trials and not due to be released until April 2009. Although respondent testified that he would be able to support the children within a month of his release by taking a job that was waiting for him and living with his fianc

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