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IN RE DECKER MINORS
State: Michigan
Court: Court of Appeals
Docket No: 212806
Case Date: 07/13/1999
Preview:STATE OF MICHIGAN
COURT OF APPEALS


In the Matter of DEBORAH SUE DECKER, JOHN ROY DECKER, and THOMAS HENRY DECKER, Minors.

FAMILY INDEPENDENCE AGENCY, Petitioner-Appellee, v DOUGLAS LEE DECKER and DEBORAH SUE DECKER, Respondents-Appellants.

UNPUBLISHED July 13, 1999

Nos. 212806;213947 Wayne Circuit Court Family Division LC No. 94-315631

Before: Zahra, P.J., and Saad and Collins, JJ. PER CURIAM. In these consolidated cases, respondents appeal as of right from the family court order terminating their parental rights to the minor children Deborah (DOB: 7/5/89), John (DOB: 5/26/90), and Thomas (DOB: 7/26/92). The minor children became temporary wards of the court on April 26, 1994, when respondent father admitted to placing the children with an inappropriate caretaker, and respondent mother admitted that she had a history of mental illness which affected her ability to parent the children. The children remained in the custody of the court until the instant petition to terminate parental rights was filed on September 19, 1997. Following the hearing on the petition to terminate parental rights, the trial court found that there was clear and convincing evidence to terminate respondent father's parental rights pursuant to MCL 712A.19b(3)(c)(i), (g), and (j); MSA 27.3178(598.19b)(3)(c)(i), (g), and (j), and respondent mother's parental rights pursuant to MCL 712A.19b(3)(g); MSA 27.3178(598.19b)(3)(g). We affirm. MCL 712A.19b(3); MSA 27.3178(598.19b)(3) provides in pertinent part:

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(3) 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: (c) The parent was a respondent in a proceeding brought under this chapter, 182 or more days have elapsed since the i ssuance of an initial dispositional order, and the court, by clear and convincing evidence, finds either of the following: (i) The conditions that led to the adjudication continue to exist and there is no reasonable likelihood that the conditions will be rectified within a reasonable time considering the child's age. (g) The parent, without regard to intent, fails to provide proper care or custody for the child and there is no reasonable expectation that the parent will be able to provide proper care and custody within a reasonable time considering the child's age. (j) There is a reasonable likelihood, based on the conduct or capacity of the child's parent, that the child will be harmed if he or she is returned to the home of the parent. Our review of the trial court record reveals that termination was warranted as to respondent father under
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