IN RE STUDER MINORS
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of KEENON PAGE STUDER and
JADEN WAYNE STUDER, Minors.
DEPARTMENT OF HUMAN SERVICES,
UNPUBLISHED
March 13, 2007
Petitioner-Appellee,
v
No. 273395
Berrien Circuit Court
Family Division
LC No. 2006-000050-NA
GARY WAYNE STUDER II,
Respondent-Appellant.
Before: Servitto, P.J., and Talbot and Schuette, JJ.
MEMORANDUM.
Respondent appeals as of right from the trial court order terminating his parental rights to
his two minor children under MCL 712A.19b(3)(b)(i), (g), and (j). We affirm. This case is
being decided without oral argument pursuant to MCR 7.214(E).
Respondent contends that the statutory grounds for termination of his parental rights were
not met by clear and convincing evidence. We disagree.
In order to terminate parental rights, the trial court must find that at least one of the
statutory grounds for termination in MCL 712A.19b(3) has been met by clear and convincing
evidence. In re McIntyre, 192 Mich App 47, 50; 480 NW2d 293 (1993). The trial court’s
decision is reviewed under the clearly erroneous standard. MCR 3.977(J); In re Sours, 459 Mich
624, 633; 593 NW2d 520 (1999); In re Gazella, 264 Mich App 668, 672; 692 NW2d 708 (2005).
Clear and convincing evidence of only one statutory ground is needed to support an order for
termination of parental rights. Id., at 678.
Evidence in this matter showed that the children had lived a chaotic, unstable life filled
with drug abuse and violence while with their parents. The evidence showed that, most recently,
respondent broke the glass out of the front door of the home where the children and their mother
were and fired numerous rounds randomly throughout the house. Both children were thus in
serious danger of being killed or injured due to respondent’s actions. Respondent thereafter
entered the home and shot the children’s mother several times, as well as shooting the children’s
grandmother, who was also present in the home. The evidence showed that the eldest child
(three years of age) was burned with the gun barrel when he tried to intervene while respondent
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was shooting his mother. The child displayed obvious trauma after he saw respondent kill his
mother and shoot his grandmother. Based on the above, the trial court did not clearly err in
finding clear and convincing evidence that respondent caused physical injury to his child and that
there was a reasonable likelihood that the children would suffer injury or abuse in the future if
placed with respondent. MCL 712A.19b(3)(b)(i).
Additional evidence established that because of his severe cognitive and physical
disabilities, respondent was not able to care for himself without a full-time caregiver. Based on
respondent’s severe cognitive and physical disabilities, the history of violence and drug use in
the home, his admission that he had been a cocaine dealer, and the instability to which the
children had been exposed, the trial court likewise did not clearly err in finding clear and
convincing evidence that respondent had failed to provide proper care or custody for the children
and that there was no reasonable expectation that he would be able to do so within a reasonable
time. MCL 712A.19b(3)(g).
Finally, the record showed that respondent did not have the capacity to care for the
children. He was not able to care for himself without a full-time caregiver, and he could not
control his anger and violent tendencies. His conduct clearly demonstrated that there was a
reasonable likelihood that the children would be harmed if they were returned to him. Thus, the
court did not err in terminating respondent’s parental rights under MCL 712A.19b(3)(j).
Affirmed.
/s/ Deborah A. Servitto
/s/ Michael J. Talbot
/s/ Bill Schuette
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