Preview:

STATE OF MICHIGAN
COURT OF APPEALS


In the Matter of VANESSA KAVANAGH, CORY KAVANAGH and MICHAEL KAVANAGH, Minors.

FAMILY INDEPENDENCE AGENCY, Petitioner-Appellee, v SADIE KAVANAGH, Respondent-Appellant, and ALEXANDER EMBRY, JAMES CATES and VICTOR LITTLE, Respondents.

UNPUBLISHED August 25, 2000

No. 221281 Bay Circuit Court Family Division LC No. 94-005085-NA

Before: Owens, P.J., and Jansen and R. B. Burns*, JJ. MEMORANDUM. Respondent-appellant Kavanagh appeals as of right from a family court order terminating her parental rights to the minor children pursuant to MCL 712A.19b(3)(c)(i) and (g); MSA 27.3178(598.19b)(3)(c)(i) and (g). We affirm. The family court did not clearly err in finding that the statutory grounds for termination were established by clear and convincing evidence. In re Vasquez, 199 Mich App 44, 51-52; 501 NW2d 231 (1993). Further, the evidence did not establish that termination of respondent's parental rights was clearly not in the children's best interests. MCL 712A.19b(5); MSA 27.3178(598.19b)(5). * Former Court of Appeals judge, sitting on the Court of Appeals by assignment. -1

Therefore, the family court did not err in terminating respondent's parental rights to the children. In re Trejo, ___ Mich ___; ___ NW2d ___ (Docket No. 112528, decided 7/5/2000), slip op at 14-18. Although respondent also contends that the family court erred in terminating her parental rights to the youngest child because it considered inadmissible evidence when terminating her parental rights to the child at the initial dispositional hearing, MCR 5.974(D), respondent does not specify what evidence, if any, was improperly received during the adjudicatory phase or what inadmissible evidence w as improperly considered by the court in deciding to terminate her parental rights to the child. Because "[a] party may not merely announce [her] position and leave it to us to discover and rationalize the basis for [her] claim," this issue is not properly before us and we decline to consider it. In re Toler, 193 Mich App 474, 477; 484 NW2d 672 (1992). Affirmed. /s/ Donald S. Owens /s/ Kathleen Jansen /s/ Robert B. Burns

-2



Download IN RE KAVANAGH MINORS.pdf

Michigan Law