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STATE OF MICHIGAN COURT OF APPEALS
In the Matter of HBS, Minor.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellee, v DANYAIL SCHULTZ, Respondent-Appellant, and CHAD SCHULTZ, Respondent.

UNPUBLISHED March 18, 2010

No. 292487 Oakland Circuit Court Family Division LC No. 06-726917-NA

In the Matter of HBS, Minor.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellee, v CHAD SCHULTZ, Respondent-Appellant, and DANYAIL SCHULTZ, Respondent. No. 292488 Oakland Circuit Court Family Division LC No. 06-726917-NA

Before: JANSEN, P.J., AND MURRAY AND GLEICHER, JJ. -1-

PER CURIAM. In these consolidated appeals, respondents Danyail Schultz and Chad Schultz appeal as of right the trial court's order terminating their parental rights to HBS under MCL 712A.19b(3)(c)(i), (g), (i), (j), and (l).1 We affirm. I. BACKGROUND HBS is respondents' biological child. Respondent mother has two other children, AM and KL. Respondent father was AM's legal father. In September 2006, HBS and AM lived with respondents in Clarkson, Michigan, and KL lived with his father. HBS, AM, and KL were ages 8, 13, and 15, respectively, at this time. It was around this time that DHS worker, Michelle Payne, became involved in this case upon discovering that AM had threatened respondent mother with a knife and had been taken to Children's Village and charged with felonious assault. After further investigation, DHS filed a petition on October 24, 2006, alleging ongoing verbal, physical, and sexual abuse of AM and KL. Termination of respondents' parental rights to both AM and HBS was requested under MCL 712.A19b(3)(b)(i) and (ii), (g), and (j).2 Upon filing the petition, HBS and AM were immediately removed from the home, and HBS was placed in the care of respondent father's cousin, Matthew Schultz, and his wife, Lisa Schultz. The matter proceeded to trial where the evidence established that the family had a history with DHS dating back to 19943 and, most notably, with the Tennessee Department of Children's Services dating back to 2004. The involvement with Tennessee authorities commenced when an investigation was conducted based on allegations that the children were physically abused in the home and that respondent father had sexually assaulted KL, who was living with the family at that time.4 According to KL, respondent father was under the influence of drugs and alcohol when he entered KL's cabin during a family camping trip and forced KL to perform oral sex before anally penetrating him. KL was 13 at that time. When KL reported this incident to respondent mother, she accused him of lying, yelled at him and beat him. Respondent father had previously informed respondent mother that it was in fact KL who had raped him

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