IN RE DODSON/HABERMEHL MINORS
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of ELLA DAWN DODSON and
DANIEL CHASE HABERMEHL, Minors.
DEPARTMENT OF HUMAN SERVICES,
UNPUBLISHED
January 8, 2009
Petitioner-Appellee,
v
No. 287049
Shiawassee Circuit Court
Family Division
LC No. 06-011755-NA
JASON HABERMEHL,
Respondent-Appellant,
and
TONYA HABERMEHL,
Respondent.
Before: Zahra, P.J., and O’Connell and Fort Hood, JJ.
MEMORANDUM.
Respondent Jason Habermehl appeals as of right from a circuit court order terminating
his parental rights to the minor children pursuant to MCL 712A.19b(3)(c)(i) and (g). We affirm.
The trial court did not clearly err in finding that § 19b(3)(g) was established by clear and
convincing evidence. MCR 3.977(G); In re Archer, 277 Mich App 71, 73; 744 NW2d 1 (2007).
Respondent, who had a history of transient living, allowed the children to remain with their
mother, who was unable to care for them. Despite participating in some services, he was unable
to maintain stable employment, which caused him to lose his home. When the supplemental
petition was filed a year later, respondent still lacked stable employment and was unable to
support himself. At the time of the hearing, he was newly employed, but still lacked suitable
housing for the children. Because the trial court did not clearly err in finding that termination
was warranted under § 19b(3)(g), it is unnecessary to determine whether termination was also
warranted under § 19b(3)(c)(i). In re Powers, 244 Mich App 111, 118; 624 NW2d 472 (2000).
Further, the trial court did not clearly err in finding that termination of respondent’s
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parental rights was in the children’s best interests. MCL 712A.19b(5); In re Trejo, 462 Mich
341, 356-357; 612 NW2d 407 (2000).
Affirmed.
/s/ Brian K. Zahra
/s/ Peter D. O’Connell
/s/ Karen M. Fort Hood
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