IN RE OLIVIA LEE DELEON MINOR
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of OLIVIA LEE DELEON, a/k/a
OLIVIA LEE WAGNER, Minor.
DEPARTMENT OF HUMAN SERVICES,
UNPUBLISHED
December 11, 2007
Petitioner-Appellee,
v
No. 278474
Tuscola Circuit Court
Family Division
LC No. 05-009022-NA
ANDRE E. OTIS,
Respondent-Appellant.
Before: Whitbeck, C.J., and White and Zahra, JJ.
MEMORANDUM.
Respondent appeals as of right from the trial court’s order terminating his parental rights
to the minor child pursuant to MCL 712A.19b(3)(g) (failure to provide proper care and custody),
and (j) (likelihood child will be harmed if returned to parent’s care).1 We affirm.
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 (1991). This Court reviews the
trial court’s findings of fact under the clearly erroneous standard. MCR 3.977(J); In re Trejo,
462 Mich 341, 356-357; 612 NW2d 407 (2000); In re Miller, 433 Mich 331, 337; 445 NW2d
161 (1989).
Petitioner presented ample evidence that respondent lives a chronically unstable and
chaotic lifestyle that prevents him from providing proper care and custody for his child.
Respondent has no regular income. Although respondent maintained that he earns an adequate
income from his food service businesses, he failed to document this claim. Respondent also
failed to establish a stable housing arrangement. He repeatedly indicated that he intended to
move in with his aunt, but never followed through with this plan. Furthermore, a psychological
1
Contrary to what respondent asserts, the trial court did not rely on § 19b(3)(c)(i) as a statutory
basis for termination.
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evaluation indicated that respondent has an antisocial personality disorder, which was consistent
with respondent’s criminal history, and his belligerent, aggressive behavior throughout this case,
including one episode when respondent threatened agency workers and the child’s foster mother
in the child’s presence, causing her severe distress.
The record does not support respondent’s claim that petitioner and the trial court were
biased against respondent because of his Muslim background and practices. The record discloses
that petitioner attempted to accommodate respondent’s religion by, for example, allowing him
seek counseling from his imam instead of a counselor recommended by petitioner. Further, the
trial court’s findings were supported by the testimony of several witnesses who had observed
respondent’s hostile, threatening, and aggressive conduct.
The trial court did not clearly err in finding that the statutory grounds for termination
were established by clear and convincing evidence.
Affirmed.
/s/ William C. Whitbeck
/s/ Helene N. White
/s/ Brian K. Zahra
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