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STATE OF MICHIGAN COURT OF APPEALS
In the Matter of KIARA MARIE JOHNSON, Minor.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellee, v MARVIN L. JOHNSON, Respondent-Appellant.

UNPUBLISHED November 17, 2009

No. 292545 Oakland Circuit Court Family Division LC No. 08-753929-NA

Before: Hoekstra, P.J., and Murray and M. J. Kelly, JJ. PER CURIAM. Respondent appeals as of right the June 1, 2009 order that terminated his parental rights to the minor child pursuant to MCL 712A.19 (3)(g) (failure to provide proper care or custody), (h) (parent's imprisonment will deprive the child of a normal home for more than two years), and (j) (the child is likely to be harmed if returned to the parent's home). Because we conclude that the trial court erred in exercising jurisdiction over the minor child, we reverse. I. Statement of the Facts Respondent and Patrice Jones are the parents of Kiara Johnson, who was born November 11, 1998. In November 2008, the Department of Human Services (DHS) filed a petition for the trial court to take custody of Kiara and to terminate respondent's parental rights. The petition alleged that while investigating a referral that one of Jones's other children, S.M., had been sexually abused by a family friend, DHS learned that respondent had been convicted of criminal sexual conduct (CSC) against a minor and sentenced to 6 to 15 years' imprisonment. Termination was requested pursuant to

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