IN RE ARTHUR CUNNINGHAM MINOR
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of ARTHUR CUNNINGHAM,
Minor.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
April 13, 2004
Petitioner-Appellee,
v
No. 251244
Wayne Circuit Court
Family Division
LC No. 90-289823
KENNETH A. CUNNINGHAM,
Respondent-Appellant,
and
MARJORIE BARNETT,
Respondent.
Before: Cavanagh, P.J., and Murphy and Smolenski, JJ.
MEMORANDUM.
Respondent appeals as of right from a circuit court order terminating his parental rights to
the minor child pursuant to MCL 712A.19b(3)(b)(ii), (g), and (j). We affirm. This appeal is
being decided without oral argument pursuant to MCR 7.214(E).
The trial court did not clearly err in finding that at least one statutory ground for
termination had been proved by clear and convincing evidence. In re IEM, 233 Mich App 438,
450; 592 NW2d 751 (1999). Respondent planned to raise the child with the mother even though
she was an unsuitable caretaker due to her long-term history of substance abuse and child neglect
and was known to have used cocaine during her pregnancy. Moreover, respondent and the
mother were living in a motel room, which did not constitute suitable housing for the child, and
which lacked provisions to care for the child. Further, the trial court’s finding regarding the
child’s best interests was not clearly erroneous because the evidence did not show that
termination was not in the child’s best interests. In re Trejo Minors, 462 Mich 341, 354, 356-
-1-
357; 612 NW2d 407 (2000); MCL 712A.19b(5). Therefore, the trial court did not clearly err in
terminating respondent’s parental rights. Id.
Affirmed.
/s/ Mark J. Cavanagh
/s/ William B. Murphy
/s/ Michael R. Smolenski
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