Preview:

STATE OF MICHIGAN
COURT OF APPEALS


In the Matter of ALLEN WILLIAM COLEGROVE,
JR. and ROBERT WILLIAM COLEGROVE, Minors.


FAMILY INDEPENDENCE AGENCY, Petitioner-Appellee, v YOLANDA DIANA KENNETT, Respondent, and ALLEN WILLIAM COLEGROVE, Respondent-Appellant.

UNPUBLISHED January 14, 2000

No. 217332 Wayne Circuit Court Family Division LC No. 98-365371

Before: Jansen, P.J., and Collins and J. B. Sullivan*, JJ. MEMORANDUM. Respondent-appellant appeals as of right from a family court order terminating his parental rights to the minor children under MCL 712A.19b(3)(b)(i), (g), (j), and (k)(ii); MSA 27.3178(598.19b)(3)(b)(i), (g), (j), and (k)(ii). We affirm. The family court did not clearly err in finding that the statutory grounds for termination were established by clear and convincing evidence. MCR 5.974(I); In re Miller, 433 Mich 331, 337; 445 NW2d 161 (1989). We reject respondent's argument that the family court erred in permitting testimony regarding the children's statements of sexual abuse under MCR 5.972(C)(2). We have reviewed the family court's findings rendered after a hearing, and conclude that they are not clearly erroneous. The evidence supports the family court's conclusions that the circumstances surrounding the children's statements provide adequate indicia of trustworthiness, and that there was sufficient * Former Court of Appeals judge, sitting on the Court of Appeals by assignment. -1

corroborative evidence of the acts of sexual abuse. In re Brimer, 191 Mich App 401; 478 NW2d 689 (1991). Finally, respondent-appellant failed to show that termination of his parental rights was clearly not in the children's best interests. MCL 712A.19b(5); MSA 27.3178(598.19b)(5); In re Hall-Smith, 222 Mich App 470, 472-473; 564 NW2d 156 (1997). Thus, the family court did not err in terminating respondent-appellant's parental rights to the children. Id. Affirmed. /s/ Kathleen Jansen /s/ Jeffrey G. Collins /s/ Joseph B. Sullivan

-2



Download IN RE COLEGROVE MINORS.pdf

Michigan Law