IN RE GILBERT MINOR
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of L.D.G., Minor.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
October 8, 2002
Petitioner-Appellee,
v
No. 240273
Mecosta Circuit Court
Family Division
LC No. 01-004058-NA
DAMON C. MCFARLAND-BEY,
Respondent-Appellant,
and
LANAY GILBERT,
Respondent.
Before: Fitzgerald, P.J., and Holbrook, Jr. and Cavanagh, JJ.
PER CURIAM.
Respondent-appellant appeals as of right from an order terminating his parental rights to
the minor child under MCL 712A.19b(3)(g) and (h). We affirm.
The family court erred in finding that there was clear and convincing evidence to support
termination of parental rights under § 19b(3)(h). Even if termination of parental rights is
erroneous under one statutory ground, however, the error is harmless if the court also properly
found another statutory ground for termination. In re Powers Minors, 244 Mich App 111, 118;
624 NW2d 472 (2000). The family court did not clearly err in finding that the statutory ground
for termination under § 19b(3)(g) was established by clear and convincing evidence. See MCR
5.974(I); In re Miller, 433 Mich 331, 337; 445 NW2d 161 (1989); In re Perry, 193 Mich App
648, 650-651; 484 NW2d 768 (1992).
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Further, the family court did not clearly err in failing to make a specific finding of the
child’s best interests with regard to respondent-appellant, as MCL 712A.19b(5) does not require
the court to do so. In re Trejo, 462 Mich 341, 352-354, 356-357; 612 NW2d 407 (2000). Thus,
the family court did not err in terminating respondent-appellant’s parental rights to the child.
Affirmed.
/s/ E. Thomas Fitzgerald
/s/ Donald E. Holbrook, Jr.
/s/ Mark J. Cavanagh
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