IN RE JOHN CURTIS EINEDER MINOR
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of JCE, Minor.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
January 22, 2002
Petitioner-Appellee,
v
No. 235503
Isabella Circuit Court
Family Division
LC No. 00-000046-NA
BILLIE JO EINEDER,
Respondent-Appellant,
and
ALLEN CHARLES BENNER,
Respondent.
Before: Sawyer, P.J., and O’Connell and Zahra, JJ.
MEMORANDUM.
Respondent Billie Jo Eineder appeals as of right the order terminating her parental rights
to the minor child. We affirm.
Under MCL 712A.19b(3), the petitioner for the termination of parental rights bears the
burden of proving at least one ground for termination. In re Trejo Minors, 462 Mich 341, 350;
612 NW2d 407 (2000). Once the petitioner has presented clear and convincing evidence that
persuades the court that a ground for termination is established, termination of parental rights is
mandatory unless the court finds that termination clearly is not in the child’s best interests. Id. at
354. We review for clear error a decision terminating parental rights. Id. at 356.
Pursuant to MCL 712A.19b(3)(g), parental rights may be terminated when:
The parent, without regard to intent, fails to provide proper care or custody
for the child and there is no reasonable expectation that the parent will be able to
provide proper care and custody within a reasonable time considering the child’s
age.
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“The statute requires clear and convincing evidence of both a failure and an inability to provide
proper care and custody.” In re Hulbert, 186 Mich App 600, 605; 465 NW2d 36 (1990) (internal
quotation marks omitted).
The trial court did not clearly err in terminating respondent’s parental rights. While
respondent asserts that the agency failed to conduct additional professional assessments, there is
no indication that the assessments would have affected respondent’s ability to provide proper
care and custody within a reasonable time. Further, there is no showing that the agency failed to
make reasonable efforts to rectify the conditions that caused the child’s removal from the home.
MCL 712A.18f(4).
Affirmed.
/s/ David H. Sawyer
/s/ Peter D. O’Connell
/s/ Brian K. Zahra
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