IN RE SHIVE/HOSKEN/FLUGGA MINORS
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of J.H., K.S., and C.F., Minors.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
October 25, 2002
Petitioner-Appellee,
v
No. 239096
Calhoun Circuit Court
Family Division
LC No. 00-002553-NA
JOSEPH BATES,
Respondent-Appellant,
and
JOLE MAREE FLUGGA,
Respondent.
Before: Hoekstra, P.J., and Wilder and Zahra, JJ.
MEMORANDUM.
Respondent-appellant appeals by leave granted from an order terminating his rights to the
minor children pursuant to MCL 712A.19b(3)(b)(1), (g), (j), and (k)(ii). We affirm.
We have thoroughly reviewed the record and have determined that respondent-appellant
was not denied due process. Respondent-appellant failed to demonstrate that there were any
notes taken during the interviews of his daughter, and the formal reports generated after the
interviews were made available to him. Furthermore, respondent-appellant was able to
effectively cross-examine the prosecution witnesses.
Moreover, 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 sexually
abused one of the children and had knowledge that his son was acting sexually inappropriately
with his daughters, yet did nothing to rectify the issue. Additionally, the evidence did not show
that termination of respondent's 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).
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Affirmed.
/s/ Joel P. Hoekstra
/s/ Kurtis T. Wilder
/s/ Brian K. Zahra
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