IN RE CAYLA AND DEREK MCVICKER MINORS

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STATE OF MICHIGAN COURT OF APPEALS In the Matter of CAYLA ELIZABETH and DEREK EUGENE MCVICKER, Minors. FAMILY INDEPENDENCE AGENCY, UNPUBLISHED November 6, 1998 Petitioner-Appellee, v No. 204819 Hillsdale Juvenile Court LC No. 96-031267 NA FLOYD EUGENE MCVICKER, Respondent-Appellant, and KATHY SWICK SHOFFNER, BILL VERMOLYN and BARRY MOORE, Respondents. Before: Young Jr., P.J., and Wahls and Jansen, JJ. MEMORANDUM. Respondent-appellant appeals as of right the juvenile court order terminating his parental rights to the minor children. We affirm. The juvenile court erred in terminating respondent-appellant’s parental rights under MCL 712A.19b(3)(h); MSA 27.3178(598.19b)(3)(h), because there was no clear and convincing evidence that respondent-appellant would be imprisoned for a period exceeding two years. MCR 5.974(I), In re Miller, 433 Mich 331, 337; 445 NW2d 161 (1989). Nonetheless, clear and convincing evidence was presented showing that termination was proper under MCL 712A.19b(3)(g); MSA 27.3178(598.19b)(3)(g). See In re Perry, 193 Mich App 648, 650-651; 484 NW2d 768 (1992). -1 Further, respondent-appellant failed to show that termination of his -2 parental rights was clearly not in the children’s best interests. MCL 712A.19b(5); MSA 27.3178(598.19b)(5); In re Hall-Smith, 222 Mich App 470; 564 NW2d 156 (1997). Thus, the juvenile court did not err in terminating respondent-appellant’s parental rights. Id. Affirmed. /s/ Robert P. Young, Jr. /s/ Myron H. Wahls /s/ Kathleen Jansen -3

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