IN RE SLOANE/ZACHERY MINORS

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STATE OF MICHIGAN COURT OF APPEALS In the Matter of DOUGLAS ALLEN IVORY SLOANE, DARIUS MONTEL SLOANE, DAJANIQUE MICHELLE SLOANE, and DWAYNE ZACKERY, JR., Minors. DEPARTMENT OF HUMAN SERVICES, UNPUBLISHED April 24, 2008 Petitioner-Appellee, v No. 281070 Wayne Circuit Court Family Division LC No. 07-463685-NA KATRINA SHERICE SLOANE, Respondent-Appellant, and CURTIS LEWIS and MARCO JOHNSON, Respondents. In the Matter of DOUGLAS ALLEN IVORY SLOANE, DARIUS MONTEL SLOANE, DAJANIQUE MICHELLE SLOANE, and DWAYNE ZACKERY, JR., Minors. DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellee, v No. 281071 Wayne Circuit Court Family Division LC No. 07-463685-NA MARCO JOHNSON, Respondent-Appellant, and -1- KATRINA SHERICE SLOANE and CURTIS LEWIS, Respondents. Before: Bandstra, P.J., and Fitzgerald and Markey, JJ. PER CURIAM. In these consolidated appeals, respondent Katrina Sherice Sloane appeals by right the order of the trial court terminating her parental rights to her four minor children pursuant to MCL 712A.19b(3)(b)(i), (b)(ii), (g), (j), and (k)(iii), and respondent Marco Johnson appeals by right the termination of his parental rights to his daughter Dajanique pursuant to the same subsections and MCL 712A.19b(3)(k)(ii). We affirm. These appeals are being decided without oral argument pursuant to MCR 7.214(E). The trial court did not clearly err in finding that statutory grounds for termination were established by clear and convincing evidence. MCR 3.977(J); In re Miller, 433 Mich 331, 337; 445 NW2d 161 (1989); In re Fried, 266 Mich App 535, 540-541; 702 NW2d 192 (2005). The record indicates that both respondents physically abused and injured the three boys by burning them with cigarettes and that respondent Sloane also whipped them with a belt. Respondent Johnson sexually abused the three boys and threatened to kill the oldest boy if he told of the abuse. When the child did report the sexual abuse to respondent Sloane, she whipped him with a belt. Neither respondent protected the children from the cruelty, abuse, and injury of the other respondent. We reject respondents’ arguments that the reports of abuse by the children were not credible. On the contrary, the oldest child described the abuse consistently and in detail on separate occasions to a forensic interviewer, a child protective services worker, an examining nurse, and an examining pediatrician, and the scars on the children were consistent with their reports of cigarette burns and whippings. Furthermore, respondent Johnson was engaged in illegal drug trafficking from the home in which all of the children lived. The police found the children in the home during a drug raid in which the police discovered large quantities of heroin, cocaine, and marijuana packaged for resale on the living room coffee table and on the kitchen table, as well as a gun within reach of the children. At the time of the police raid, respondent Sloane had left the children in the care of respondent Johnson although she was well aware of his illegal drug operation and of his abuse of the children. In addition, when the children were removed from the home they were dirty, hungry, and in serious need of dental care. Based on the same clear and convincing evidence we hold that the record also supports -2- the trial court’s finding that termination was not contrary to the best interests of the children. MCL 712A.19b(5); In re Trejo, 462 Mich 341, 354, 356-357; 612 NW2d 407 (2000). We affirm. /s/ Richard A. Bandstra /s/ E. Thomas Fitzgerald /s/ Jane E. Markey -3-

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