IN RE MCKINNEY MINORS
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STATE OF MICHIGAN
COURT OF APPEALS
__________________________________________
In the Matter of MICHAEL MCKINNEY and
MICHELLE MCKINNEY, Minors.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
April 23, 1999
Petitioner-Appellee,
v
No. 210943
Kent Circuit Court
Family Division
LC No. 97-0340-00 NA
MICHAEL MCKINNEY,
Respondent-Appellant,
and
CANDY MURRAY,
Respondent.
Before: Gage, P.J., and Gribbs and Hoekstra, JJ.
MEMORANDUM.
Respondent-appellant appeals as of right from a family court order terminating his parental rights
to the minor child. We affirm.
Respondent-appellant’s sole argument on appeal is that the trial court improperly terminated his
parental rights without finding that a statutory basis for termination was proven by clear and convincing
evidence. This argument is without merit. The record indicates that the court did not announce a
statutory basis for termination because respondent-appellant voluntarily consented to the termination of
his parental rights. As this Court stated in In re Toler, 193 Mich App 474, 477; 484 NW2d 672
(1992):
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In this case, the judge failed to articulate the statutory basis for termination and
instead relied on the agreement between the parties. We determine that a respondent
can consent to termination of his parental rights under the juvenile code, in which case
the judge need not announce a statutory basis for it.
Because respondent-appellant does not contend that his consent to termination was not voluntarily and
understandingly made, there is no basis for disturbing the order terminating his parental rights to the
children.
Affirmed.
/s/ Hilda R. Gage
/s/ Roman S. Gribbs
/s/ Joel P. Hoekstra
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