IN RE CURT JOHNSON MINOR
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of CURT D. JOHNSON, Minor.
DEPARTMENT OF HUMAN SERVICES,
UNPUBLISHED
March 26, 2009
Petitioner-Appellee,
v
No. 287328
Calhoun Circuit Court
Family Division
LC No. 2005-002534-NA
CURT DOUGLAS FOSTER,
Respondent-Appellant,
and
JERSEY BALLARD,
Respondent.
Before: Cavanagh, P.J., and Fort Hood and Davis, JJ.
MEMORANDUM.
Respondent Curt Douglas Foster appeals as of right from the trial court’s order
terminating his parental rights to the minor child under MCL 712A.19b(3)(a)(ii). We affirm.
The trial court did not clearly err in finding that § 19b(3)(a)(ii) was established by clear
and convincing evidence. MCR 3.977(F)(1)(b) and (G)(3); In re Miller, 433 Mich 331, 344-345;
445 NW2d 161 (1989). Although respondent initially made a few telephone calls to the court,
the foster care worker, and his attorney to inquire about the case, when the caseworker arranged
for interstate compact services in Georgia, he refused to participate. Respondent did not
communicate with the court, the caseworker, or his attorney from approximately October 2007 to
July 2008, a period of more than nine months. Thus, there was clear and convincing evidence
that respondent deserted the child for 91 or more days and did not seek custody of the child
during that period. Additionally, the trial court properly determined that termination was in the
child’s best interests. MCL 712A.19b(5).
-1-
Affirmed.
/s/ Michael J. Cavanagh
/s/ Karen M. Fort Hood
/s/ Alton T. Davis
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