IN RE BRADLEY JOSEPH VERMILYER MINOR
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of
VERMILYER, Minor.
ROBERT
MATTHEW
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
August 18, 2000
Petitioner-Appellee,
v
Nos. 223816
Cass Circuit Court
Family Division
LC No. 96-000347-NA
ROBERT VERMILYER,
Respondent-Appellant.
In the Matter of BRYAN JAMES VERMILYER,
Minor.
FAMILY INDEPENDENCE AGENCY,
Petitioner-Appellee,
v
Nos. 223817
Cass Circuit Court
Family Division
LC No. 96-000347-NA
ROBERT VERMILYER,
Respondent-Appellant.
In the Matter of BRADLEY JOSEPH VERMILYER,
Minor.
FAMILY INDEPENDENCE AGENCY,
-1
Petitioner-Appellee,
v
Nos. 223818
Cass Circuit Court
Family Division
LC No. 96-000347-NA
ROBERT VERMILYER,
Respondent-Appellant.
Before: Murphy, P.J., and Kelly and Talbot, JJ.
PER CURIAM.
Respondent appeals as of right from the order terminating his parental rights. We affirm.
The Family Independence Agency (FIA) took custody of respondent’s children after
respondent engaged in threatening behavior in the home and struck one of the children. The children
began counseling, as did respondent and the children’s mother. After an attempt to return the children
to the custody of their mother proved unsuccessful, the FIA sought permanent custody of the children.
At the permanent custody hearing, the evidence showed that the children remained in need of intensive
therapy. Therapists opined that respondent could not provide proper care and custody for the children
because he did not have a sufficient understanding of discipline and safety issues, and did not appreciate
the negative effect that certain of his behaviors had on the children. The court found that clear and
convincing evidence existed to terminate respondent’s parental rights under MCL 712A.19b(3)(g);
MSA 27.3178(598.19b)(3)(g), failure to provide proper care or custody, and that it was in the
children’s best interests that his parental rights be terminated.
To terminate parental rights, the family court must find that at least one of the statutory grounds
for termination in MCL 712A.19b; MSA 27.3178(598.19b) has been met by clear and convincing
evidence. In re JS and SM, 231 Mich App 92, 97; 585 NW2d 326 (1998). We review the family
court’s findings of fact under the clearly erroneous standard. MCR 5.974(I); In re Miller, 433 Mich
331, 337; 445 NW2d 161 (1989).
The family court did not err in finding that a statutory ground for termination was established by
clear and convincing evidence. MCL 712A.19b(3)(g); MSA 27.3178(598.19b)(3)(g) required the
court to evaluate respondent’s acts and abilities without regard to his intent. The evidence established
that although respondent had attended parenting and anger management classes as required, he
remained tempermental, and failed to understand the negative impact that certain of his behaviors had on
the children. The children remained in need of intensive therapy, including residential care in one case,
after more than two years of treatment. The family court’s finding that respondent, without regard to
intent, was unable to provide proper care and custody for the children was not clearly erroneous. MCR
5.974(I).
-2
Pursuant to MCL 712A.19b(5); MSA 27.3178(598.19b)(5) termination of parental rights was
required unless the court found that termination was clearly not in the children’s best interest. In re
Trejo, ___ Mich ___; ___ NW2d___ (No. 112528, issued 7/5/2000) slip op p 27. On this record,
we do not conclude that the court’s finding was clearly erroneous or that termination was clearly not in
the children’s best interest. Accordingly, the court did not err in terminating respondent’s parental right
to the children. Id.
Affirmed.
/s/ William B. Murphy
/s/ Michael J. Kelly
/s/ Michael J. Talbot
-3
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