IN RE WADE MINORS

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STATE OF MICHIGAN COURT OF APPEALS In the Matter of HW, AW, and SW, Minors. FAMILY INDEPENDENCE AGENCY, UNPUBLISHED July 17, 2001 Petitioner-Appellee, v No. 231281 Kalamazoo Circuit Court Family Division LC No. 99-000069-NA HOPE WADE, Respondent-Appellant, and STEVEN WADE, Respondent. In the Matter of HW, AW, and SW, Minors. FAMILY INDEPENDENCE AGENCY, Petitioner-Appellee, v No. 231282 Kalamazoo Circuit Court Family Division LC No. 99-000069-NA STEVEN WADE, Respondent-Appellant, and HOPE WADE, Respondent. -1- Before: Saad, P.J., and Holbrook, Jr. and Murphy, JJ. MEMORANDUM. Respondents appeal as of right from the order terminating their parental rights to the minor children, under MCL 712A.19b(3)(c)(i), (g), and (j); MSA 27.3178(598.19b)(3)(c)(i), (g) and (j). We affirm. Respondents concede that the family 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). However, they contend that termination of their parental rights was improper because it was not in the children’s best interests. We disagree. The evidence, viewed as a whole, did not show that termination of respondents’ parental rights was clearly not in the children’s best interests. MCL 712A.19b(5); MSA 27.3178(598.19b)(5); In re Trejo, 462 Mich 341, 356-357; 612 NW2d 407 (2000). Respondents also contend that they were prejudiced by the delay in completing the termination hearing. However, respondents’ parenting time was automatically suspended pursuant to MCL 712A.19b(4); MSA 27.3178(598.19b)(4) once the termination petition was filed. Thus, a more expeditious proceeding would not have allowed respondents further visitation. Moreover, it was respondents’ own failure to comply with the treatment plan that caused them to lose visitation after December 21, 1999. Finally, there is no indication that additional visits would have resulted in favorable evidence or produced a different result. Accordingly, this argument is without merit. Affirmed. /s/ Henry William Saad /s/ Donald E. Holbrook, Jr. /s/ William B. Murphy -2-

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