IN RE DION JOSEPH DAVIDSON
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of DION JOSEPH DAVIDSON,
Minor.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
April 23, 2002
Petitioner-Appellee,
v
No. 233243
Wayne Circuit Court
Family Division
LC No. 00-391061
KRYSTAL FRANCES DAVIDSON,
Respondent-Appellant,
and
FREDDIE FRED THOMPSON,
Respondent.
Before: Gage, P.J., and Griffin and Buth*, JJ.
MEMORANDUM.
Respondent appeals as of right from an order terminating her parental rights to the minor
child pursuant to MCL712A.19b(3)(g) and (j). We affirm. This case is being decided without
oral argument pursuant to MCR 7.214(E).
The trial 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). The evidence demonstrated that respondent was unable to provide
proper care or custody for the child because of her mental illness and there was no reasonable
likelihood that she would have been able to do so within a reasonable time. Due to respondent's
lack of insight into her illness, there was a reasonable likelihood that the child would be have
been harmed if released to respondent's care. Even if the trial court improperly used
respondent’s mother’s testimony regarding respondent’s history of mental illness against
respondent, any error was harmless in light of the medical records admitted into evidence at the
* Circuit judge, sitting on the Court of Appeals by assignment.
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termination hearing which detailed respondent’s long-term struggle with severe mental illness
and supported termination of respondent’s parental rights.
Additionally, the evidence did not show that termination of respondent's parental rights
was clearly not in the child's best interests. MCL 712A.19b(5); In re Trejo, 462 Mich 341, 356357; 612 NW2d 407 (2000). Respondent had not seen the child since his birth and made no
effort to keep in contact with the FIA. Thus, the trial court did not err in terminating
respondent's parental rights to the child.
Affirmed.
/s/ Hilda R. Gage
/s/ Richard Allen Griffin
/s/ George S. Buth
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