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STATE OF MICHIGAN
COURT OF APPEALS


In the Matter of ALLIYAH McCRARY, Minor.

FAMILY INDEPENDENCE AGENCY, Petitioner -Appellee, v ALFRED F. McKINLEY, Respondent -Appellant.

UNPUBLISHED January 12, 2001

No. 225626 Genesee Circuit Court Family Division LC No. 97-109176-NA

Before: Saad, P.J., and White, and Hoeksta, JJ. PER CURIAM. Respondent father appeals the family court's order terminating his parental rights to Alliyah, (dob 10-10-96), and seeks to have the order terminating his parental rights to Malika (dob 9-22-97) vacated because he is not Malika's biological father. We affirm the termination of rights as to Alliyah, and remand to the family court for entry of a proper order as to Malika. I Respondent married Latoya McCrary (Mrs. McKinley) on May 26, 1995. Alliyah was born on October 10, 1996. Respondent and Mrs. McKinley apparently separated in 1996. A neglect/abuse petition concerning Alliyah was filed on September 15, 1997, alleging, in essence, that Mrs. McKinley had been observed putting a pillow over Alliyah's head in an apparent effort to suffocate her or cause her to need medical attention. The court's record of the September 15, 1997 preliminary hearing states that the respondent and Mrs. McKinley were separated, and that FIA was to do a home study of respondent father for possible placement, that placement with respondent would be at the clinical social worker's discretion, and that respondent could have unsupervised visits with Alliyah. Mrs. McKinley was allowed supervised visits. She pled no contest to the abuse charges regarding Alliyah. Mrs. McKinley had another baby girl, Malika, on September 22, 1997. A supplemental petition alleging neglect concerning only Malika was filed on September 25, 1997, stating that

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respondent was Malika's legal father and that her putative father was Maleck McDowell, who resided in Atlanta, Georgia. The caseworker, Kuiper, noted in the supplemental petition: Dr. Nolen, of Hurley Medical Center, believes that Latoya McCrary-McKinley is suffering from Munchasen [sic Munchausen] by Proxy.1 . . . Ms. Latoya McCraryMcKinley pled no contest to these allegations on 09/24/97. *** Mr. McKinley is this child's legal father, but Ms. Mcrary-McKinley states he is not the biological father. Mr. McKinley states he doesn't know if he is the biological father or not. Mr. McKinley currently is being investigated by Special Operations, as his home was raided as a drug house. Respondent did not enter a plea regarding Malika. Both Alliyah and Malika were adjudicated as temporary court wards and placed in separate foster care homes. Respondent signed the initial service plan. It stated that the permanency planning goal was to return Alliyah to her mother and that placement with respondent was being explored. The service plan stated: Mr. McKinley [DOB 11-14-66] had been on probation, since 1995, for carrying a concealed firearm. It is expected to end January, 1998. Mr. McKinley reports that probation period was decreased. Documentation of this has been requested, but has not been received. *** RE: Alfred McKinley, Birth Father *** Mr. McKinley . . . has a criminal record. He was convicted of possessing a firearm. It was reported that he was pulled over for a traffic violation and the weapon was found under his seat. Probation was set to end in January, 1998 . . . .

Webster's College Dictionary defines "Munchausen syndrome by proxy" as "a form of Munchausen syndrome in which a person induces or claims to observe a disease in another, usually a close relative, in order to attract the doctor's attention to herself or himself." "Munchausen syndrome" is defined as "a factitious disorder in which otherwise healthy individuals seek to hospitalize themselves with feigned or self-induced pathology in order to receive medical treatment."

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An addendum to the initial service plan stated that respondent wished to have Alliyah live with him in Flint and that respondent: claims that he is engaged at this time and currently has five children. He states that he is financially stable to care for Alliyah and is going to school. He is consistent with his family visitations at ECC, which occur every Thursday. One main concern about his home is that the rail posts on the stairway need to be fixed. There is also concern, because he claims he has been previously shot six singular times, as a robbery victim. He says that his main concern with Alliyah is the weight she has gained because he feels Alliyah's foster parent is feeding her pork, which is against his Muslin [sic] religion. A parent/agency agreement completed in January 1998, states that the permanency planning goal was to place both Alliyah and Malika with respondent and anticipated that that goal could be reached by the next court hearing in April 1998. A supplemental order of disposition filed January 8, 1998, addressed both Alliyah and Malika, and stated that respondent "shall provide the caseworker with a criminal record check (favorable), shall complete a psychological evaluation, and complete parenting classes. Father is to continue visits with both children." A psychological evaluation of respondent stated that respondent "is employed and also has his own used car and repair business," had graduated from high school and was only four credit hours from a bachelor's degree in Emergency Medicine. His verbal IQ score was in the average range, 96. He was noted to "have a logical approach to problems," and "possible perfectionistic tendencies." He stated to the evaluator that he loved his children and loved being a father, and he described himself as kind, caring and considerate. The evaluation recommended: The psychological profile that was evidenced in this evaluation suggests that Mr. McKinley should be able to provide a very appropriate home for the children and that he should be able to be a very good role model and father to the children. However, serious concern should be given to what appeared to be his very unrealistic expectations of children. Therefor, he does need parenting classes and counseling so that he can overcome these rigid expectations and have more realistic attitudes in regard to what he expects in the way of behavior from children. However, respondent began serving a four to eight year prison sentence in August 1998, after being convicted of possession of less than 25 grams of a controlled substance and habitual offender, third. A supplemental order of disposition filed August 28, 1998 continued the children in the temporary custody of the court and stated that the worker was "to follow up relative placement" and that "visits w/relative authorized." An updated service plan completed in October 1998 stated in pertinent part:

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Mr. McKinley is currently incarcerated at the Charles E. Egeler Correctional Facility. He was sentenced on 08/07/98 and received a combination of two sentences equaling 4 - 14 years of incarceration. The charges were possession of marijuana with the intent to deliver. Mr. McKinley has been charged with other drug-related crimes in the past. Since his incarceration, Mr. McKinley had not contacted this worker until 10/02/98. *** On 09/11/98, Mr. McKinley's fiancee, Sharonda [sic] Clark, contacted this worker and wanted to know if she could take guardianship of Alliyah and Malika. . . . . Ms. Clark indicated that . . . they planned to be married . . . . *** Prior to his incarceration, Mr. McKinley visited on a regular basis . . . . Mr. McKinley had not attended or completed individual counseling prior to his incarceration. He reported he did not see the point, as he anticipated being incarcerated for two years. A supplemental petition concerning both children filed on December 3, 1998 sought to terminate the mother's parental rights. The petition also sought to terminate respondent's parental rights to both Alliyah and Malika pursuant to MCL 712A.19b(3)(c)(ii), (g), (h), and (j); MSA 27.3178(598.19b)(3). Relative placements were explored and deemed unsuitable. An order filed January 21, 1999 stated that the court "will allow a home study to be performed re guardianship. Father can be available by phone for next hrg. Judge authorized great-aunt to file guardianship papers." Respondent, who had filed for divorce in 1998, was granted a default judgment of divorce in April 1999. The divorce judgment stated that respondent would upon his release from prison be entitled to petition the court for parenting time or custody, or request to set aside any guardianship. The divorce judgment stated that both Alliyah and Malika were children of the parties. At an April 21, 1999 termination hearing regarding both Alliyah and Malika, testimony and several affidavits were presented supporting that respondent was not Malika's biological father even though she was born during the marriage. After that hearing, Mrs. McKinley's parental rights to Alliyah and Malika were terminated. There are conflicting orders in the lower court record regarding respondent's parental rights, one indicating that respondent's rights to Malika were terminated at this hearing, and another stating that termination of respondent's parental rights would be decided at a later hearing. However, the court stated on the record near the conclusion of the April 21, 1999 hearing that: All right. I'm prepared to make a ruling from the testimony being offered, from the testimony of Mr. McKinley on a previous occasion and the affidavits I've -4-

gone over, from the testimony of Shirron Clark under oath today, I'm satisfied that there's sufficient reasons to terminate his rights. Remaining

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