IN RE LANA'YA AREANNA FULLER MINOR
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of LANA’YA AREANNA FULLER,
Minor.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
August 16, 2007
Petitioner-Appellee,
v
No. 276365
Wayne Circuit Court
Family Division
LC No. 04-428172
MESHELL D. FULLER,
Respondent-Appellant.
Before: Smolenski, P.J., and Fitzgerald and Kelly, JJ.
MEMORANDUM.
Respondent appeals as of right an order terminating her parental rights to the minor child
pursuant to MCL 712A.19b(3)(b)(ii), (g), and (j). We affirm.
This Court reviews for clear error the trial court’s decision that a statutory ground for
termination was proven by clear and convincing evidence. MCR 3.977(J); In re Trejo, 462 Mich
341, 356-357; 612 NW2d 407 (2000). The evidence established that respondent’s younger child
suffered fatal injuries as a result of a traumatic injury inflicted while in the care of respondent
and her boyfriend. Although the child displayed symptoms for three or four days that should
have alerted respondent to the seriousness of his condition, respondent failed to seek treatment
until he stopped breathing. Respondent also evinced apathy for his condition while the police
were trying to resuscitate him. Even if termination was inappropriate under § 19b(3)(b)(ii),
because respondent did not have an opportunity to anticipate or prevent the physical injury,
termination was appropriate under §§ 19b(3)(g) and (j), considering respondent’s failure to seek
medical attention for the child and indifference to his injuries, as well as her transient lifestyle,
which was inappropriate for children. A parent’s treatment of one child is probative of how that
parent might treat other children. In re Powers, 208 Mich App 582, 588-589; 528 NW2d 799
(1995).
Affirmed.
/s/ Michael R. Smolenski
/s/ E. Thomas Fitzgerald
/s/ Kirsten Frank Kelly
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