IN RE FLORES MINORS
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of ERNESTO FLORES and EMILIO
FLORES, Minors.
DEPARTMENT OF HUMAN SERVICES, f/k/a
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
December 27, 2005
Petitioner-Appellee,
v
No. 263086
Wayne Circuit Court
Family Division
LC No. 04-434767-NA
ERNESTO FLORES-LEMOS,
Respondent-Appellant.
Before: Owens, P.J., Saad and Fort Hood, JJ.
MEMORANDUM.
Respondent appeals as of right from the trial court order terminating his parental rights to
the minor children under MCL 712A.19b(3)(b)(i), (g), and (j). We affirm.
The trial court did not clearly err in finding that the statutory grounds for termination
were established by clear and convincing evidence. MCR 3.977(J); In re Miller, 433 Mich331;
337; 445 NW2d 161 (1989). Five-month-old Ernesto suffered a life-threatening injury that
required emergency surgery, an acute subdural hematoma, a blood clot that was on the surface of
the brain and beneath the skull. Contrary to respondent’s assertions, the expert testimony
indicated the injuries suffered by the infant were the result of non-accidental severe trauma. The
infant was in respondent’s sole custody and control at the time of the injury. Under these facts,
the court did not clearly err in terminating respondent’s parental rights to the children.
Affirmed.
/s/ Donald S. Owens
/s/ Henry William Saad
/s/ Karen M. Fort Hood
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