IN RE KEVIONNA LENEE RYDER MINOR
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of KEVIONNA LENEE RYDER,
Minor.
DEPARTMENT OF HUMAN SERVICES,
UNPUBLISHED
February 19, 2008
Petitioner-Appellee,
v
No. 280157
Berrien Circuit Court
Family Division
LC No. 2006-000023-NA
KENESHA RENEE RYDER,
Respondent-Appellant,
and
KEVIN RAND,
Respondent.
Before: Talbot, P.J., and Cavanagh and Zahra, JJ.
PER CURIAM.
Respondent appeals as of right from the trial court order terminating her parental rights to
the minor child pursuant to MCL 712A.19b(3)(c)(i), (g), and (j). We affirm.
On appeal, respondent argues that the requisite statutory grounds for termination were not
established. We disagree.
To terminate parental rights, the trial court must find that at least one of the statutory
grounds for termination set forth in MCL 712A.19b(3) has been met by clear and convincing
evidence. In re Sours, 459 Mich 624, 632-633; 593 NW2d 520 (1999). If a statutory ground for
termination is established, the trial court must terminate parental rights unless there exists clear
evidence, on the whole record, that termination is not in the child’s best interests. MCL
712A.19b(5); In re Trejo Minors, 462 Mich 341, 353; 612 NW2d 407 (2000). The trial court’s
decision terminating parental rights is reviewed for clear error. MCR 3.977(J); Trejo, supra at
355-357; Sours, supra at 632-633. A finding is clearly erroneous if, although there is evidence
to support it, this Court is left with a definite and firm conviction that a mistake has been made.
In re JK, 468 Mich 202, 209-210; 661 NW2d 216 (2003); In re Miller, 433 Mich 331, 337; 445
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NW2d 161 (1989). Regard is to be given to the special opportunity of the trial court to judge the
credibility of the witnesses who appeared before it. MCR 2.613(c); Miller, supra at 337.
The trial court did not clearly err in terminating respondent’s parental rights pursuant to
MCL 712A.19b(3)(c)(i). Respondent did not complete parenting classes and failed to improve
her parenting skills to the point where Kevionna would be protected in her care. Further, while
respondent made some progress in outreach counseling, she did not fully invest herself in
counseling sessions until June 2007, after the permanent custody petition was filed. There was
no evidence that respondent gained sufficient insight or benefit from counseling or parenting
classes to show that she had changed. A parent must benefit from services and make changes
necessary to “reach an acceptable level of parenting skill.” In re Dahms, 187 Mich App 644,
647; 468 NW2d 315 (1991).
Additionally, respondent was never able to obtain independent housing or maintain
employment. Respondent’s issues with housing, employment, parenting skills, emotional
stability, and intellectual ability continue to exist. Given the lengthy amount of time (over
seventeen months) respondent had to modify her thinking, her history of little progress, her
extensive involvement with petitioner before Kevionna’s removal, and the many opportunities
she had to make improvements and benefit from the services, there was no reason to believe she
would make sufficient progress any time soon.
The trial court also did not err in terminating respondent’s parental rights pursuant to
MCL 712A.19b(3)(g). During visitation with Kevionna, respondent demonstrated her lack of
parenting skills and inability to provide proper care. Respondent’s visits with Kevionna were
inconsistent and were demonstrated to be a low priority. Respondent was often late for visits and
indicated that 8:00 a.m. visiting hours were too early for her. Further, she never fully engaged
Kevionna during parenting time. It was Kevionna who directed their interactions. Respondent
did not organize activity or follow through with disciplinary measures when necessary. The
mother-child bond was also missing from their relationship.
In addition, by engaging in criminal activity and in failing to address her probationary
requirements timely, respondent demonstrated that providing proper care for Kevionna was not a
priority. Further, the doctrine of anticipatory neglect should apply to protect Kevionna. In re
Powers, 208 Mich App 582, 589; 528 NW2d 799 (1995); In re Dittrick Infant, 80 Mich App 219,
222; 263 NW2d 37 (1977). Based on the doctrine of anticipatory neglect, respondent’s
neglectful treatment of Kevionna’s sister Kennecia, who was subject to a guardianship,
demonstrated that she would likely neglect Kevionna.
Respondent argues that there was no evidence of long time neglect or serious threats to
the future welfare of Kevionna. Thus, she claims termination of her parental rights under MCL
712A.19b(3)(j) was clearly erroneous. We disagree. The proofs established that respondent
failed to discipline Kevionna and redirect her when she engaged in dangerous behaviors during
visitation with respondent. Respondent’s inability to provide a stable home also threatened harm
to Kevionna’s emotional well-being. Additionally, while in respondent’s care, Kevionna had
several experiences in the emergency room from medical neglect for dehydration, vomiting, and
diarrhea. Because there was no evidence that respondent had gained sufficient insight or
improved her parenting skills, there continued to be a risk of harm to Kevionna’s health and
well-being in respondent’s care. Kevionna would be at a high risk for abuse and neglect in
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respondent’s care given the lack of bonding, improper caretaking, and Kevionna’s high energy
level, which conflicted with respondent’s low level of energy.
Despite respondent’s arguments to the contrary, given her history and level of
noncompliance, additional time and continuing services would not have allowed her to make the
necessary progress. Additional time would have only delayed stability for Kevionna whose time
in foster care resulted in her viewing her foster parent as a mother figure with whom she has a
parental bond.
Affirmed.
/s/ Michael J. Talbot
/s/ Mark J. Cavanagh
/s/ Brian K. Zahra
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