IN RE DOBBS MINORS

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STATE OF MICHIGAN COURT OF APPEALS In the Matter of B.D, A.D, D.D, E.D. and D.D, Minors. FAMILY INDEPENDENCE AGENCY, UNPUBLISHED September 20, 2002 Petitioner-Appellee, v No. 238693 Kent Circuit Court Family Division LC No. 99-067300 DAVID DOBBS, Respondent-Appellant, and BERNICE DOBBS-WATSON, Respondent. In the Matter of B.B., A.D., D.D., E.D., and D.D., Minors. FAMILY INDEPENDENCE AGENCY, Petitioner-Appellee, No. 238720 Kent Circuit Court Family Division LC No. 99-067300 v BERNICE DOBBS-WATSON, Respondent-Appellant, and DAVID DOBBS, Respondent. -1- Before: Whitbeck, C.J., and Sawyer and Kelly, JJ. MEMORANDUM. In these consolidated appeals, respondents-appellants appeal as of right from the trial court order terminating their parental rights to the minor children under MCL 712A.19b(3)(c)(i) and (g). We affirm. The trial court did not clearly err in finding that the statutory grounds for termination were established by clear and convincing evidence as to both parents. MCR 5.974(I); In re Miller, 433 Mich 331, 337; 445 NW2d 161 (1989). Further, the evidence did not show that termination of respondents-appellants’ parental rights was clearly not in the children’s best interests. MCL 712A.19b(5); In re Trejo, 462 Mich 341, 356-357; 612 NW2d 407 (2000). Thus, the trial court did not err in terminating respondents-appellants’ parental rights to the children. Additionally, respondent-appellant David Dobbs was not denied the effective assistance of counsel. His counsel’s performance did not fall below an objective standard of reasonableness so as to deprive him of a fair trial. In re CR, 250 Mich App 185, 198; ____ NW2d ___ (2002). David Dobbs would have been subject to compliance with a parent-agency agreement pursuant to the trial court’s assumption of jurisdiction based on Bernice DobbsWatson’s admissions regardless of whether his attorney had made objections at the adjudication proceeding. See In re CR, supra at 202-203. His failure to comply with the parent-agency agreement, not his attorney’s performance, caused the negative outcome of the child protective proceeding. Affirmed. /s/ William C. Whitbeck /s/ David H. Sawyer /s/ Kirsten Frank Kelly -2-

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