IN RE CORNELL/ LEWIS MINORS

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STATE OF MICHIGAN COURT OF APPEALS In the Matter of MLC, TJL and TJL, Minors. FAMILY INDEPENDENCE AGENCY, UNPUBLISHED December 12, 2000 Petitioner -Appellee, v No. 221376; 221407 Wayne Circuit Court Family Division LC No. 86-253016 DEBRA A. FRAZIER, Respondent -Appellant, and MELVIN CORNELL, Respondent-Appellant. Before: Gribbs, P.J., and Kelly and Sawyer, JJ. MEMORANDUM. In Docket No. 221376, respondent Debra A. Frazier appeals as of right from the family court order terminating her parental rights to the minor children under MCL 712A.19b(3)(g), (j) and (l); MSA 27.3178(598.19b) (3) (g), (j) and (l). In Docket No. 221407, respondent Melvin Cornell appeals as of right from the family court order terminating his parental rights to the minor child “MLC” under MCL 712A.19b(3) (g), (j) and (l); MSA 27.3178(598.19b) (3) (g), (j) and (l). We affirm. The family court did not clearly err in finding that statutory grounds for termination were established by clear and convincing evidence. MCR 5.974(I); In re Sours, 459 Mich 624, 633; 593 NW2d 520 (1999); In re Miller, 433 Mich 331, 337; 445 NW2d 161 (1989). Respondent Frazier’s history with protective services dates back to 1986. She has had her parental rights to three other children terminated, she has a history of alcohol abuse and she has been unable to provide a fit home for any of her children. Although respondent Frazier initially asked for the FIA’s involvement in this case, she became unresponsive to the agency’s efforts to work with her -1- and demonstrated an unwillingness to participate in services. The two youngest children, twins, were malnourished and had protruding abdomens. Respondent Cornell has a lengthy criminal history and a history of drug use. He did not establish paternity of the child “MLC” until after he was incarcerated. Respondent Cornell has never provided support or had custody of the child, he remained in prison at the time of the termination proceedings, and he had no plan for how he would care for the child if he were released and given the opportunity. Once one or more grounds for termination is proven, the trial court is required to order termination of parental rights unless termination is clearly not in the best interest of the child. In re Trejo, 462 Mich 341; 612 NW2d 407 (2000). Respondents in this case have failed to show that termination of their parental rights was not in the best interest of the children. MCL 712A.19b(5); MSA 27.3178(598.10b)(5); MCR 5.974(E)(2). The family court did not err in terminating both respondent Frazier’s and respondent Cornell’s parental rights to the minor children in this case. Affirmed. /s/ Roman S. Gribbs /s/ Michael J. Kelly /s/ David H. Sawyer -2-

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