IN RE JAVONNE ANTHONY GIBBS MINOR

Annotate this Case

Download PDF

STATE OF MICHIGAN COURT OF APPEALS In the Matter of JAVONNE ANTHONY GIBBS, Minor. FAMILY INDEPENDENCE AGENCY, UNPUBLISHED August 17, 2004 Petitioner-Appellee, v No. 253237 Berrien Circuit Court Family Division LC No. 03-000110-NA EVONE TILLMAN, Respondent-Appellant. Before: Hoekstra, P.J., and Cooper and Kelly, JJ. MEMORANDUM. Respondent appeals as of right from a circuit court order terminating her parental rights to the minor child pursuant to MCL 712A.19b(3)(g), (i), (j) and (l). 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 Trejo Minors, 462 Mich 341, 354, 356-357; 612 NW2d 407 (2000). Two of the child’s siblings had become court wards as a result of neglect proceedings instituted under MCL 712A.2(b), which proceedings led to the eventual termination of respondent’s parental rights. Further, the trial court’s finding regarding the child’s best interests was not clearly erroneous. Trejo, supra; MCL 712A.19b(5). Therefore, the trial court did not clearly err in terminating respondent’s parental rights. Trejo, supra. Petitioner was not required to prove that respondent would neglect the child for the longterm future as held in Fritts v Krugh, 354 Mich 97, 114; 92 NW2d 604 (1958), overruled on other grounds by In re Hatcher, 443 Mich 426, 444; 505 NW2d 834 (1993). That case predates the enactment of section 19b(3), which sets forth the current criteria for termination. Affirmed. /s/ Joel P. Hoekstra /s/ Jessica R. Cooper /s/ Kirsten Frank Kelly -1-

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.