IN RE HEATHER GUEST MINOR
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of HEATHER GUEST, Minor.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
April 20, 2004
Petitioner-Appellee,
v
No. 251477
Genesee Circuit Court
Family Division
LC No. 89-080769-NA
BRIAN GUEST,
Respondent-Appellant.
Before: Cavanagh, P.J., and Murphy and Smolenski, JJ.
MEMORANDUM.
Respondent appeals as of right from the trial court order terminating his parental rights to
the minor child under MCL 712A.19b(3)(a)(ii), (c)(i), (g), (h), and (j). We affirm.
The trial court did not clearly err in finding that § § 19b(3)(a)(ii), (g), and (j) were
established by clear and convincing evidence.1 MCR 3.977(J); In re Sours, 459 Mich 624, 633;
593 NW2d 520 (1999); In re Miller, 433 Mich 331, 337; 445 NW2d 161 (1989). The court
assumed jurisdiction over the child after her guardian, with whom she had been placed since
1994, was no longer willing to care for her and respondent’s whereabouts were unknown.
Respondent had no contact with the agency from October 2001 until June 2002. Although he
admitted that he was told that a parent/agency agreement existed, respondent never met with the
foster care worker to learn its requirements as he had been instructed to do. At the time of the
termination hearing, respondent was incarcerated and was unavailable to parent the child. He
would not be released from prison for at least a year following the termination hearing.
Further, the evidence did not show that termination of respondent’s parental rights was
clearly not in the best interests of the child. MCL 712A.19b(5); In re Trejo, 462 Mich 341, 356357; 612 NW2d 407 (2000). The evidence established that the child did not want to be adopted
and did not want respondent’s parental rights terminated. However, the evidence also
1
Because only one statutory ground is required for termination, we need not address the trial
court’s findings under § § 19b(3)(c)(i) and (h).
-1-
established that the child had an unrealistic bond with respondent, who had not parented her in
approximately nine years.
Affirmed.
/s/ Mark J. Cavanagh
/s/ William B. Murphy
/s/ Michael R. Smolenski
-2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
