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STATE OF MICHIGAN
COURT OF APPEALS

In the Matter of MARGARET FRANCES MAY KORNACKI, Minor.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellee, v DOUGLAS M. KORNACKI, Respondent-Appellant, and ELIZABETH FAY DAHER, Respondent.

UNPUBLISHED January 29, 2008

No. 279117 Wayne Circuit Court Family Division LC No. 99-378917

Before: Beckering, P.J., and Sawyer and Fort Hood, JJ. MEMORANDUM. Respondent-appellant appeals as of right from the trial court order terminating his parental rights to the minor child under MCL 712A.19b(3)(c)(i), (g), (h), and (j). We affirm. The trial court did not clearly err in finding the statutory grounds for termination established by clear and convincing evidence. MCR 3.977(J); In re Trejo, 462 Mich 341, 353; 612 NW2d 407 (2000). In February 2007, respondent-appellant was given consecutive sentences totaling 35 years for use and discharge of a firearm during and in relation to a crime of violence, 18 USC 924(c), and for aiding and abetting the same crime. Manifestly, respondent-appellant would be unable to provide proper care and custody for the child, and she would be deprived of a normal home for many years, certainly longer than the two years required by MCL 712A.19b(3)(h). Respondent-appellant had no home; if he did, considering his history, the child would be in danger there. Because of his incarceration, respondent-appellant was unable to enter into a parent agency agreement to rectify the conditions that brought the child into care. Further, the trial court did not clearly err in finding no significant father-daughter bond and termination not clearly contrary to Margaret's best interests. MCL 712A.19b(5); Trejo,

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supra at 356-357. The child needs a permanent and stable home, which respondent-appellant is and will be unable to provide for many years in the future. Affirmed. /s/ Jane M. Beckering /s/ David H. Sawyer /s/ Karen M. Fort Hood

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