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STATE OF MICHIGAN
COURT OF APPEALS

In the Matter of OLIVIA LEE DELEON, a/k/a OLIVIA LEE WAGNER, Minor.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellee, v ANDRE E. OTIS, Respondent-Appellant.

UNPUBLISHED December 11, 2007

No. 278474 Tuscola Circuit Court Family Division LC No. 05-009022-NA

Before: Whitbeck, C.J., and White and Zahra, JJ. MEMORANDUM. Respondent appeals as of right from the trial court's order terminating his parental rights to the minor child pursuant to MCL 712A.19b(3)(g) (failure to provide proper care and custody), and (j) (likelihood child will be harmed if returned to parent's care).1 We affirm. In order to terminate parental rights, the trial court must find that at least one of the statutory grounds for termination in MCL 712A.19b(3) has been met by clear and convincing evidence. In re McIntyre, 192 Mich App 47, 50; 480 NW2d 293 (1991). This Court reviews the trial court's findings of fact under the clearly erroneous standard. MCR 3.977(J); In re Trejo, 462 Mich 341, 356-357; 612 NW2d 407 (2000); In re Miller, 433 Mich 331, 337; 445 NW2d 161 (1989). Petitioner presented ample evidence that respondent lives a chronically unstable and chaotic lifestyle that prevents him from providing proper care and custody for his child. Respondent has no regular income. Although respondent maintained that he earns an adequate income from his food service businesses, he failed to document this claim. Respondent also failed to establish a stable housing arrangement. He repeatedly indicated that he intended to move in with his aunt, but never followed through with this plan. Furthermore, a psychological

1

Contrary to what respondent asserts, the trial court did not rely on

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Michigan Law