IN RE ERICA LYNN HANKINS MINOR
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of E.L.H., Minor.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
August 2, 2002
Petitioner-Appellee,
v
No. 239505
Branch Circuit Court
Family Division
LC No. 00-001703-NA
PAMELA LYNN HOARD,
Respondent-Appellant,
and
ROY GENE HANKINS, JR.,
Respondent.
Before: Murray, P.J., and Sawyer and Zahra, JJ.
MEMORANDUM.
Respondent Pamela Lynn Hoard appeals as of right the termination of her parental rights
to her child pursuant to MCL 712A.19b(3)(c)(i), (ii). 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; 617
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 is clearly not in the child’s best interests. Id. at
355-356. Decisions terminating parental rights are reviewed for clear error. Id. at 356.
The petition alleged that respondent failed to rectify conditions leading to the
adjudication. MCL 712A.19b(3)(c) provides for termination when
(c) The parent was a respondent in a proceeding brought under this
chapter, 182 or more days have elapsed since the issuance of an initial
dispositional order, and the court, by clear and convincing evidence, finds either
of the following:
-1-
(i) The conditions that led to the adjudication continue to exist and there
is no reasonable likelihood that the conditions will be rectified within a reasonable
time considering the child’s age.
(ii) Other conditions exist that cause the child to come within the court’s
jurisdiction, the parent has received recommendations to rectify those conditions,
the conditions have not been rectified by the parent after the parent has received
notice and a hearing and has been given a reasonable opportunity to rectify the
conditions, and there is no reasonable likelihood that the conditions will be
rectified within a reasonable time considering the child’s age.
There is clear and convincing evidence to support the termination of respondent’s
parental rights. The petition asserted that Roy Hankins had his parental rights terminated as to
three older children, and he posed a danger to respondent’s child, which respondent failed to
recognize. While Hankins was incarcerated, respondent made progress with the child. When
Hankins was released, respondent stopped cooperating with caseworkers, lost her job, was
evicted, and was arrested on assault charges. There was clear and convincing evidence that
respondent failed to rectify conditions within a reasonable time.
The trial court found that respondent had the ability to be a capable mother, and a bond
existed between her and the child. However, given respondent’s behavior, the court could
reasonably conclude that the best interests of the child warranted termination.
Affirmed.
/s/ Christopher M. Murray
/s/ David H. Sawyer
/s/ Brian K. Zahra
-2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
