IN RE ARIYANA DAVIS MINOR
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of ARIYANA DAVIS, Minor.
DEPARTMENT OF HUMAN SERVICES,
UNPUBLISHED
October 1, 2009
Petitioner-Appellee,
v
No. 290615
Wayne Circuit Court
Family Division
LC No. 08-482623
MARCUS D. DAVIS,
Respondent-Appellant,
and
MICHELLE MARTINEZ,
Respondent.
In the Matter of ARIYANA DAVIS, Minor.
DEPARTMENT OF HUMAN SERVICES,
Petitioner-Appellee,
v
No. 290617
Wayne Circuit Court
Family Division
LC No. 08-482623
MICHELLE MARTINEZ,
Respondent-Appellant,
and
MARCUS D. DAVIS,
Respondent.
Before: Murphy, P.J., and Meter and Beckering, JJ.
-1-
MEMORANDUM.
In these consolidated appeals, respondents appeal as of right the trial court’s order
terminating their parental rights to the minor child. Respondent Marcus Davis’s rights were
terminated pursuant to MCL 712A.19b(3)(b)(i), (g), (j), and (n)(i), and respondent Michelle
Martinez’s rights were terminated pursuant to MCL 712A.19b(3)(g) and (j). We affirm. These
appeals have been decided without oral argument pursuant to MCR 7.214(A) and (E),
respectively.
The trial court did not clearly err in finding that §§ 19b(3)(b)(i), (j), and (n)(i) were
established by clear and convincing legally admissible evidence with respect to Davis, or in
finding that § 19b(3)(j) was established by clear and convincing legally admissible evidence with
respect to Martinez. MCR 3.977(E)(3); In re Utrera, 281 Mich App 1, 16-17; 761 NW2d 253
(2008). The evidence showed that Davis had repeatedly sexually abused Martinez’s other young
daughter while they were living together as a family, for which Davis was convicted by no
contest plea of one count of second-degree criminal sexual conduct and served one year in jail.
He was then subject to five years’ probation. Despite this, Martinez voluntarily resumed a
relationship with Davis and moved into his home with the minor child. Martinez had her older
daughter, who had been sexually abused by Davis, live in a home that Martinez deemed unsafe
for the minor child due to the presence of an illicit drug user. Davis was found at home alone
with the minor child in violation of the terms of his probation requiring that he have no
unsupervised contact with any child under the age of 16, including the minor child. While
Martinez claimed at the time of the permanent custody hearing to have severed her relationship
with Davis, she had simply moved out of his home and into the home of his mother.
Further, the trial court did not clearly err in finding that termination of respondents’
parental rights was in the child’s best interests. MCL 712A.19b(5); In re Trejo, 462 Mich 341,
354, 356-357; 612 NW2d 407 (2000) (stating that this Court reviews a trial court’s decision
regarding the child’s best interests for clear error). Therefore, the trial court did not err in
terminating respondents’ parental rights to the child.
Affirmed.
/s/ William B. Murphy
/s/ Patrick M. Meter
/s/ Jane M. Beckering
-2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
