IN RE JASZIMIN AALIYAH IRELAND MINOR
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of JASZIMIN AALIYAH
IRELAND, Minor.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
April 1, 2004
Petitioner-Appellee,
v
No. 251131
Ingham Circuit Court
Family Division
LC No. 00-050578-NA
STACEY IRELAND,
Respondent-Appellant,
and
MARVIN CHAPMAN,
Respondent.
Before: Zahra, P.J., and Saad and Schuette, JJ.
MEMORANDUM.
Respondent Stacey Ireland appeals as of right from an order terminating her parental
rights to Jaszimin Aaliyah Ireland, born May 2, 2003. Termination was based on MCL
712A.19b(3)(c)(i), (g), and (j). We affirm. This appeal is being decided without oral argument
pursuant to MCR 7.214(E).
Respondent’s parental rights to three older children were terminated on April 29, 2003,
three days before Jaszimin’s birth. A fourth child was placed with respondent’s mother and
stepfather. When respondent was 32 weeks pregnant, she used cocaine. This constituted a
probation violation and, to protect Jaszimin, respondent was jailed until she was brought to the
hospital for the birth. Within a month following the birth, respondent was again using cocaine.
Respondent first argues that the court erred in relying on MCL 712A.19b(3)(c)(i). The
prosecutor acknowledges this error. MCR 3.977(E)(3)(a) governs termination of rights at an
initial disposition hearing. It excludes § 19b(3)(c) as a ground upon which termination may be
based. However, this error was harmless since the court properly terminated rights under
§§ 19b(3)(g) and (j). See In re Powers Minors, 244 Mich App 111, 118; 624 NW2d 472 (2000).
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Respondent argues that the court erred in relying on § 19b(3)(g), the failure to provide
proper care or custody, since Jaszimin was never in her custody. However, Jaszimin was never
in her custody because she could not provide proper care and custody. This was established by
the fact that respondent came to the hospital to deliver Jaszimin directly from jail, where she had
been sent to keep her from taking cocaine during her pregnancy. Respondent provides no
support for the proposition that subsection (g) only applies when a parent has actually exercised
custody.
Respondent also challenges the finding that Jaszimin would be harmed if returned to her
home since she had not abused or neglected her other children. However, she took cocaine just
weeks before the birth and used cocaine again within a month after the birth. Moreover, on April
29, 2003, her parental rights to the three older children were terminated based in part on grounds
that they would likely be harmed if returned to her care due to her anger management issues.
See In re Ireland/Parlour Minors, unpublished per curiam opinion of the Court of Appeals
(Docket Nos. 249050, 249093, dec’d January 15, 2004). Thus, the trial court did not clearly err
in finding that Jaszimin would likely be harmed.
Affirmed.
/s/ Brian K. Zahra
/s/ Henry William Saad
/s/ Bill Schuette
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