IN RE BRANDON PRESTON MINOR
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of BRANDON PRESTON, Minor.
DEPARTMENT OF HUMAN SERVICES,
UNPUBLISHED
April 13, 2010
Petitioner-Appellee,
v
No. 294416
St. Clair Circuit Court
Family Division
LC No. 09-000353-NA
JOHN N. PRESTON, JR.,
Respondent-Appellant.
Before: WHITBECK, P.J., and METER and FORT HOOD, JJ.
MEMORANDUM.
Respondent appeals as of right from a circuit court order terminating his parental rights to
the minor child pursuant to MCL 712A.19b(3)(b)(i), (b)(ii), and (j). We affirm. This appeal has
been decided without oral argument pursuant to MCR 7.214(E).
A trial court may terminate parental rights if it finds that at least one statutory ground for
termination has been proven by clear and convincing evidence. MCR 3.977(G); In re Trejo, 462
Mich 341, 355, 360; 612 NW2d 407 (2000). Although we agree that § 19b(3)(b)(ii) was not
applicable to respondent, given that the evidence showed that respondent was the abusive parent
rather than the parent who failed to protect the child from abuse, the trial court did not clearly err
in finding that §§ 19b(3)(b)(i) and (j) were both established by clear and convincing evidence. In
re Trejo, 462 Mich at 356. The evidence showed that respondent solicited sex from underage
girls on the Internet in 2009, and had a prior conviction for dissemination of inappropriate
material to minors. On at least one occasion, he displayed his own child’s naked body via the
webcam, and also once chatted with another woman about possible sexual activity between him
and her and their children. Contrary to what respondent argues, petitioner was not required to
prove that respondent would neglect his child for the long-term future as held in Fritts v Krugh,
354 Mich 97, 114; 92 NW2d 604 (1958), overruled on other grounds by In re Hatcher, 443 Mich
426, 444; 505 NW2d 834 (1993). The Fritts decision predates the enactment of § 19b(3), which
now sets forth the current criteria for termination.
Further, considering respondent’s history of sexual deviant behavior directed at children
and his sexual exploitation of his own child, the trial court did not clearly err in finding that
termination of respondent’s parental rights was in the child’s best interests. MCL 712A.19b(5);
In re Trejo, 462 Mich at 356-357.
-1-
Affirmed.
/s/ William C. Whitbeck
/s/ Patrick M. Meter
/s/ Karen M. Fort Hood
-2-
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