IN RE MATOYA ANN JONES MINOR
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of MATOYA ANN JONES, ALICIA
LASHAWN JONES, JIMMIE LEE NATHANJONES and SHAWANA LATRICE NATHANJONES, Minors.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
August 27, 1999
Petitioner-Appellee,
v
No. 210642
Wayne Juvenile Court
LC No. 94-314751
DARLENE MARIE JONES,
Respondent-Appellant,
and
MELVIN FARRELL and JIMMIE NATHAN,
Respondents.
Before: Hoekstra, P.J., and O’Connell and R. J. Danhof*, JJ.
MEMORANDUM.
Respondent appeals as of right from a juvenile court order terminating her parental rights to the
minor children under MCL 712A.19b(3)(c)(i) and (g); MSA 27.3178(598.19b)(3)(c)(i) and (g). We
affirm.
The juvenile court did not clearly err in finding that the statutory grounds for termination were
established by clear and convincing evidence. MCR 5.974(I); In re Miller, 433 Mich 331, 337; 445
NW2d 161 (1989). The evidence demonstrated that respondent failed to procure adequate housing
and income, as required by her treatment plan. Further, respondent failed to show that termination of
* Former Court of Appeals judge, sitting on the Court of Appeals by assignment.
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her 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, 472-473; 564 NW2d 156 (1997).
Thus, the juvenile court did not err in terminating respondent’s parental rights to the children. Id. at
473-474.
Respondent also claims that the substitution of referees during the course of the termination
proceedings requires reversal. However, reversal is not required unless actual prejudice resulting from
the substitution is shown. Brown v Swartz Creek Memorial Post 3720 - Veterans of Foreign Wars,
Inc, 214 Mich App 15, 21; 542 NW2d 588 (1995). The record indicates that the substitute referee
reviewed all pertinent materials and was able to listen to audio recordings of the prior testimony in this
matter, and that respondent had earlier consented to this procedure. Under the circumstances, we
conclude that actual prejudice has not been shown.
Affirmed.
/s/ Joel P. Hoekstra
/s/ Peter D. O’Connell
/s/ Robert J. Danhof
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