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STATE OF MICHIGAN
COURT OF APPEALS

In the Matter of EMMANUEL CHAPMAN and NICOLE TOWNSEL, Minors.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellee, v RACHEAL LAMEANA TOWNSEL, Respondent, and EMMANUEL JAMES CHAPMAN, JR., Respondent-Appellant.

UNPUBLISHED December 13, 2007

No. 276901 Wayne Circuit Court Family Division LC No. 06-457968-NA

In the Matter of EMMANUEL CHAPMAN and NICOLE TOWNSEL, Minors.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellee, v RACHEL LAMEANA TOWNSEL, Respondent-Appellant, and EMMANUEL JAMES CHAPMAN, JR., Respondent. No. 276902 Wayne Circuit Court Family Division LC No. 06-457968-NA

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In the Matter of D'ANGELA RENEE' SWEATT, Minor.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellee, v RACHAEL LEMEANA TOWNSEL, Respondent-Appellant, and DEANGELO SWEATT, Respondent. No. 278022 Wayne Circuit Court Family Division LC No. 06-457968-NA

Before: Whitbeck, C.J., and White and Zahra, JJ. PER CURIAM. This is a consolidated appeal stemming from proceedings terminating the parental rights of respondent-father Emmanuel Chapman, Jr., and respondent-mother Rachael Townsel. In Docket Nos. 276901 and 276902, respectively, Emmanuel Chapman, Jr. and Rachael Townsel appeal as of right from the trial court's January 31, 2007 order terminating their parental rights to their children, Emmanuel Chapman and Nicole Townsel. The trial court terminated Rachael Townsel's parental rights pursuant to MCL 712A.19b(3)(b)(ii), (g), and (j), and terminated Emmanuel Chapman, Jr.'s parental rights pursuant to MCL 712A.19b(3)(g) and (k)(i). In Docket No. 278022, Rachael Townsel appeals as of right from the trial court's April 19, 2007 order terminating her parental rights to a third child, D'Angela Sweatt, pursuant to MCL 712A.19b(3)(g), (j), and (l).1 We affirm.

1

MCL 712A.19b(3) states in pertinent part as follows: The court may terminate a parent's parental rights to a child if the court finds, by clear and convincing evidence, 1 or more of the following: *** (b) The child or a sibling of the child has suffered physical injury or physical or sexual abuse under 1 or more of the following circumstances: . . . (ii) The parent who had the opportunity to prevent the physical injury or physical or sexual abuse failed to do so and the court finds that there is a reasonable likelihood that the
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I. Basic Facts And Procedural History Emmanuel and Nicole were taken into protective services after Emmanuel, then approximately nine months old, "was treated at Henry Ford Hospital for a broken right femur" on August 15, 2006. According to hospital records, [t]he mother maintains that her boyfriend rolled over on the child's leg while they were sleeping. The medical staff reports that the mother failed to give a reasonable explanation for the injury. The child has had four emergency room visits this year. Registered Nurse Michael Clemens was on duty during one of Emmanuel's previous visits on February 28, 2006, when Rachael Townsel and two small children came into the emergency room at Henry Ford Hospital. According to Clemens, "In the 17 years I have been a nurse at Henry Ford Hospital, I have never once witnessed such treatment of children in my life." Clemens explained that "most parents are on their best behavior in the Emergency Room. They comfort their children, they pick them up, they try to get them what they need if they wanted a drink, or if they wanted crackers or whatever." From outside the examining room, Clemens heard Rachael Townsel say, "Shut up, or I'll whip your ass." She said it more than once and her voice was "very loud and it was very threatening. It was frightening." Clemens looked into the room and saw "an infant on the gurney, and there was a child on the floor standing." The little girl, who appeared to be between two and three years old, was standing up, "with arms outstretched, tears running down the face, and crying, `Pick me up.' And mom was just ignoring it. It was really

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