IN RE KOCHER MINORS
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of J.K. and J.K., Minors.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
November 2, 2001
Petitioner-Appellee,
v
No. 232584
Kalamazoo Circuit Court
Family Division
LC No. 99-000148-NA
TONIO JOHNSON,
Respondent-Appellant,
and
LYNETTE KOCHER,
Respondent.
Before: Doctoroff, P.J., and Wilder and Chad C. Schmucker*, JJ.
MEMORANDUM.
Respondent-appellant appeals as of right from a family court order terminating his
parental rights to the minor children pursuant to MCL 712A.19b(3)(c)(i), (h) and (j). We affirm.
The trial court did not clearly err in finding that § 19b(3)(h) was established by clear and
convincing evidence. In re Sours, 459 Mich 624, 633; 593 NW2d 520 (1999). The evidence
showed that respondent-appellant will be incarcerated until at least 2003. Although he asserts
that he could provide proper care through his mother, he had not contacted her to establish her
willingness to care for the children during his incarceration. Moreover, the evidence indicated
that he had never provided financial assistance and had not maintained contact with the children
during the months preceding the termination hearing.
Further, considering respondent-appellant’s criminal history and present term of
imprisonment, as well as the minimal contact between respondent-appellant and the children, the
evidence did not show that termination of respondent-appellant’s parental rights was clearly not
* Circuit judge, sitting on the Court of Appeals by assignment.
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in the children’s best interests. MCL 712A.19b(5); In re Trejo, 462 Mich 341, 354; 612 NW2d
407 (2000.)
Affirmed.
/s/ Martin M. Doctoroff
/s/ Kurtis T. Wilder
/s/ Chad C. Schmucker
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