IN RE CODY DAVID BREWER MINOR
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of CODY DAVID BREWER, a/k/a
CODY FRESHOUR, Minor
__________________________________________
FAMILY INDEPENDENCE AGENCY, f/k/a
DEPARTMENT OF SOCIAL SERVICES,
UNPUBLISHED
November 25, 1997
Petitioner-Appellee,
v
No. 199781
Cass Juvenile Court
LC No. 94-000378-NA
ROGER EUGENE BREWER,
Respondent-Appellant,
and
CINDY FRESHOUR,
Respondent.
Before: Jansen, P.J., and Fitzgerald and Young, JJ.
MEMORANDUM.
Respondent-appellant appeals as of right from the juvenile court terminating his parental rights to
the minor child under MCL 712A.19b(3)(c)(i), (g) and (j); MSA 27.3178(598.19b)(c)(i), (g) and (j).
We affirm.
Respondent-appellant correctly argues that, because the circumstances which led the juvenile
court to take jurisdiction over the child were different from that on which termination was sought, legally
admissible evidence was necessary to establish the factual the grounds for termination during the
dispositional trial. MCR 5.974(E)(1); In re Snyder, 223 Mich App 85, 90; 566 NW2d 18 (1997).
However, it is clear from the record that the court did not rely on inadmissible hearsay when determining
that grounds for termination of respondent-appellant’s parental rights existed. The court even noted in
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its opinion that certain evidence was introduced and used solely for the best interest phase of the
hearing, which was proper. MCR 5.974(F)(2). Finally, following a thorough review of the record, we
find that the court did not clearly err in determining that termination was appropriate under §§ (c)(i); (g)
and (j). MCR 5.974(I); In re Cornet, 422 Mich 274, 277; 373 NW 2d 536 (1985). Based on
respondent-appellant’s testimony alone, there was no reasonable expectation that he would be able to
provide proper care and custody within a reasonable time given the age of the child.
Affirmed.
/s/ Kathleen Jansen
/s/ E. Thomas Fitzgerald
/s/ Robert P. Young, Jr.
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