IN RE CORDER MINORS
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of CRUZE ANTHONY CORDER,
TIFFANY SUE CORDER, and CASEY AARON
SNYDER, Minors
__________________________________________
DEPARTMENT OF SOCIAL SERVICES,
UNPUBLISHED
December 2, 1997
Plaintiff-Appellee,
v
No. 194594
Berrien Juvenile Court
LC No. 95-000077-NA
SHERRY SNYDER,
Respondent-Appellant,
and
DALE RICHARD CORDER, JR. and PAUL
VOLLAND,
Respondents.
DEPARTMENT OF SOCIAL SERVICES,
Plaintiff-Appellee,
v
No. 194621
Berrien Juvenile Court
LC No. 95-000077-NA
DALE RICHARD CORDER, JR.,
Respondent-Appellant,
and
SHERRY SNYDER and PAUL VOLLAND,
Respondents.
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__________________________________________
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Before: McDonald, P.J., and Wahls and J. R. Weber*, JJ.
MEMORANDUM.
Respondent Snyder appeals as of right from the juvenile court order terminating her parental
rights to the minor children under MCL 712A.19b(3)(i), (g) and (j); MSA 27.3178(598.19b)(3)(i), (g),
and (j). Respondent Corder appeals as of right from the same order terminating his parental rights to
the minor children under MCL 712A.19b(3)(a)(ii) and(g); MSA 27.3178(598.19b)(3)(a)(ii) and (g).
We affirm.
The juvenile court’s findings of fact are not clearly erroneous. MCR 5.974(I). Further, the
court did not clearly err in terminating the respondents’ parental rights because the statutory grounds for
termination were established by clear and convincing evidence, In re Hall-Smith, 222 Mich App 470,
472; 564 NW2d 156 (1997); In re Miller, 433 Mich 331, 337; 445 NW2d 161 (1989).
In particular, the court did not err in finding that the children would likely be harmed if returned
to respondent Snyder in light of her physical and emotion abuse of all three children. The court also did
not err in finding that, after failing to improve after more than two years of services in Ohio, there was no
likelihood that respondent Snyder would be able to provide proper care for the children within a
reasonable time. With regard to respondent Corder, the court did not err in finding that he had
abandoned the children given his complete lack of contact with the children since 1992. The court also
did not err in finding that respondent Corder would not be able to provide proper care for the children
within a reasonable time. Respondent Corder had taken no steps to acknowledge paternity of his two
children in spite of the fact that his attorney sent him the papers to fill out and he had further taken no
steps to arrange for alternate care. Although respondent Corder claims that his parents should have
been considered for possible placement of the children, there is no evidence in the record that he or his
parents ever sought to have his parents qualified through petitioner.
Finally, respondent Corder argues that he was denied effective assistance of counsel. We
review this issue by analogy to criminal law. In re Simon, 171 Mich App 443, 447; 431 NW2d 71
(1988). Respondent Corder has failed to preserve this issue for review except for what is apparent on
the record. People v Armendarez, 188 Mich App 61, 74; 468 NW2d 893 (1991). Although trial
counsel was not active in this case, the record demonstrates that respondent Corder did not contact his
attorney in any manner after counsel sent him two affidavits of parentage and an explanatory letter.
Further, respondent Corder has not met his burden of showing that, “but for counsel’s error, the result
of the proceeding would have been different.” People v Stanaway, 446 Mich 643, 687-688; 521
NW2d 557 (1994).
Affirmed.
/s/ Gary R. McDonald
/s/ Myron H. Wahls
/s/ John R. Weber
________________________________
*Circuit judge, sitting on the Court of Appeals by assignment.
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