IN RE WILLIAMS MINORS
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of BRIAN WILLIAMS, MICHAEL
WILLIAMS, and IMANI WILLIAMS, Minors.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
October 24, 2000
Petitioner-Appellee,
v
No. 225909
Kent Circuit Court
Family Division
LC No. 99-000681-NA
ADRIAN M. LEWIS,
Respondent-Appellant,
and
CORNELIUS IRVIN and BRIAN WILLIAMS,
Respondents.
Before: Fitzgerald, P.J., and Hood and McDonald, JJ.
MEMORANDUM.
Respondent Adrian Lewis appeals as of right from the family court’s order, following a jury trial,
adjudicating the minor children within the jurisdiction of the court and placing them in foster care, subject
to review and evaluation within a two month period. We affirm.
While we agree with respondent that a child placed in the care of a relative who properly cares
for the child is not without proper custody, see In the Matter of Taurus F, 415 Mich 512, 535; 330
NW2d 33 (1982), the record here indicates that, while respondent’s daughter was occasionally
entrusted to the temporary care of her grandparents, she remained for the most part in the care and
custody of respondent. Thus, a finding of jurisdiction was not precluded on the basis that respondent
had relinquished the care and custody of her daughter to a relative.
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Next, the allegations in the petition, if true, were sufficient to identify a statutory basis for
jurisdiction. MCL 712A.2(b)(1); MSA 27.3178(598.2)(2)(1).
Finally, a preponderance of the evidence supported the jury’s determination that the children
came within the statutory requirements of MCL 712A.2(b)(1); MSA 27.3178(598.2)(2)(1). In re
Brock, 442 Mich 101, 108-109; 499 NW2d 752 (1993); In re S R, 229 Mich App 310, 314; 581
NW2d 291 (1998). This evidence included, inter alia, respondent’s continual homelessness, her refusal
to cooperate with assisting agencies, her keeping her children from school for extended periods, her
refusal to allow assessment of Brian after suspicions of sexual abuse, and her record of emotional
instability. Thus, the family court did not err in exercising jurisdiction over the children. In re Brock,
supra at 108-109
Affirmed.
/s/ E. Thomas Fitzgerald
/s/ Harold Hood
/s/ Gary R. McDonald
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