IN RE BRIGGS MINORS
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of NICHOLAS BRIGGS and
BRIANNA BRIGGS, Minors.
DEPARTMENT OF HUMAN SERVICES,
UNPUBLISHED
June 16, 2009
Petitioner-Appellee,
v
No. 289539
Ingham Circuit Court
Family Division
LC Nos. 08-002125-NA
08-002126-NA
BRIAN BRIGGS,
Respondent-Appellant.
In the Matter of CODY BRIGGS, CHAMBER
LEAH BRIGGS, and BRYCE J. BRIGGS, Minors.
DEPARTMENT OF HUMAN SERVICES,
Petitioner-Appellee,
v
No. 289594
Ingham Circuit Court
Family Division
LC Nos. 08-002120-NA
08-002121-NA
08-002122-NA
BRIAN BRIGGS,
Respondent-Appellant.
Before: Jansen, P.J., and Hoekstra and Markey, JJ.
MEMORANDUM.
In these consolidated appeals, respondent appeals by right the circuit court’s orders
terminating his parental rights to the minor children pursuant to MCL 712A.19b(3)(b)(i), (g), (j),
and (k)(ii). We affirm. This appeal has been decided without oral argument. MCR 7.214(E).
Respondent does not dispute that the evidence, if believed, was sufficient to establish the
statutory grounds for termination. He contends only that the circuit court should not have
believed the children’s testimony because of various inconsistencies. Two children testified that
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they were subjected to physical abuse when respondent shot them and their siblings with an
airsoft gun. They also testified that they were exposed to pornography in the home, witnessed
sexual activity between respondent and his wife, and were forced to have intercourse with one
another at respondent’s direction. One child testified that respondent engaged in all manners of
sexual activity with her, including repeated penetration of her vagina with his penis. A physician
testified that the child’s enlarged hymenal opening and elongated vagina were consistent with
recurrent episodes of penile-vaginal intercourse. Indeed, the record is replete with reliable and
corroborated evidence that respondent sexually assaulted at least one of the children and that he
forced other children to engage in sexual activity with each other. Giving due regard to the
circuit court’s superior opportunity and ability to judge the credibility of the witnesses, Sparling
Plastic Industries, Inc v Sparling, 229 Mich App 704, 716; 583 NW2d 232 (1998), we are not
left with a definite and firm conviction that the court clearly erred by finding that respondent
physically and sexually abused the children. In re BZ, 264 Mich App 286, 296-297; 690 NW2d
505 (2004).
Affirmed.
/s/ Kathleen Jansen
/s/ Joel P. Hoekstra
/s/ Jane E. Markey
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