IN RE DUDEK MINORS
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of ANNA and GERALD DUDEK,
Minors.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
June 23, 2000
Petitioner-Appellee,
v
No. 219873
Macomb Circuit Court
Family Division
LC No. 96-043135
BOZENA DUDEK,
Respondent-Appellant,
and
GERALD DUDEK,
Respondent.
In the Matter of ANNA and GERALD DUDEK,
Minors.
FAMILY INDEPENDENCE AGENCY,
Petitioner-Appellee,
v
No. 219919
Macomb Circuit Court
Family Division
LC No. 96-043135
GERALD DUDEK,
Respondent-Appellant,
and
BOZENA DUDEK,
-1
Respondent.
Before: Owens, P.J., and Neff and Fitzgerald, JJ.
MEMORANDUM.
Respondents appeal as of right from a family court order terminating their 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.
We are satisfied from our review of the record that the trial 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; 445 NW2d 161 (1989). Further, respondents failed to show
that termination of their 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, 473; 564 NW2d
156 (1997).
There was clear and convincing evidence that the conditions that led to adjudication continue to
exist and are not likely to be rectified within a reasonable time, and that the parent, without regard to
intent, failed to provide proper care or custody for the children. MCL 712A.19b(3)(c)(i) and (g);
MSA 27.3178(598.19b)(3)(c)(i) and (g). The basis for the termination petition was respondent
mother’s mental illness and respondent-father’s inability to intervene to protect the children from their
mother or to himself provide proper care for the children. These conditions had not changed in the 2
1/2 years since the children were placed in foster care, despite respondents’ partial compliance with the
parent-agency agreement and concerted efforts by the FIA to assist respondents with their home
management and parenting skills.
Affirmed.
/s/ Donald S. Owens
/s/ Janet T. Neff
/s/ E. Thomas Fitzgerald
-2
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