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STATE OF MICHIGAN COURT OF APPEALS
In the Matter of TYLER DOUGLAS SIKORSKI, II, Minor.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellee, v TYLER SIKORSKI, Respondent-Appellant, and TEISSA COOL, Respondent.

UNPUBLISHED November 17, 2009

No. 292272 Mecosta Circuit Court Family Division LC No. 07-005231-NA

Before: Talbot, P.J., and O'Connell and Davis, JJ. MEMORANDUM. Respondent father appeals as of right from the May 12, 2009 trial court order terminating his parental rights to the minor child under MCL 712A.19b(3)(c)(i), (g), (h), and (j).1 We affirm. This appeal has been decided without oral argument pursuant to MCR 7.214(E). The trial court clearly erred by finding clear and convincing evidence to terminate respondent's parental rights under MCL 712A.19b(3)(h). MCR 3.977(J); In re Sours Minors, 459 Mich 624, 633; 593 NW2d 520 (1999). Respondent's earliest release date from prison was in June 2009, only two months after the termination hearing. MCL 712A.19b(3)(h) allows for termination of parental rights if a respondent is unable to provide a "normal home" for the child within two years of the termination hearing. There is too much uncertainty in potential release

The parental rights of respondent mother were also terminated but she has not appealed that decision. References to respondent in the singular throughout this opinion will be to respondent father only.

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dates for section 3(h) to be used as a basis for terminating parental rights when a respondent inmate's earliest release date is close to the time of the termination hearing. But the trial court's error in terminating respondent's parental rights under

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