Annotate this Case
Download PDF
STATE OF MICHIGAN COURT OF APPEALS In the Matter of DEMARIAS NICOLE WALKER, Minor. FAMILY INDEPENDENCE AGENCY, UNPUBLISHED October 30, 1998 Petitioner-Appellee, v No. 206531 Wayne Juvenile Court LC No. 94-315803 LAVERNE D. BUCKNER, Respondent-Appellant, and DWAYNE WALKER, Respondent. Before: Young, Jr., P.J., and Wahls and Jansen, JJ. PER CURIAM. Respondent-appellant appeals as of right from a juvenile court order terminating her parental rights to the minor child under MCL 712A.19b(3)(a)(ii), (c)(i), (g) and (j); MSA 27.3178(598.19b)(3)(a)(ii), (c)(i), (g) and (j). We affirm. The evidence indicated that respondent-appellant failed to show progress in addressing and understanding the needs of her child, which was one of the conditions that led to adjudication, and failed to make substantial progress in complying with terms of her treatment plan during the two-year period that her child was in foster care. The juvenile court did not err in considering hearsay evidence at the termination hearing. Contrary to what respondent-appellant asserts, petitioner did not seek to terminate her parental rights -1­ on the basis of new or changed circumstances. Rather, all of the grounds for termination involved circumstances that were related to the reasons that the court initially exercised jurisdiction. The minor child’s developmental delays and respondent-appellant’s mental condition were both noted by petitioner when requesting the court to exercise jurisdiction. Therefore, pursuant to MCR 5.974(F)(2), the juvenile court properly could consider hearsay evidence, and MCR 5.974(E) did not apply. In re Snyder, 223 Mich App 85, 90-91; 566 NW2d 18 (1997). Although the evidence did not support termination of respondent-appellant’s parental rights under § 19b(a)(ii), the juvenile court did not clearly err in finding that grounds for termination were established under §§ 19b(3)(c)(i), (g) and (j), by clear and convincing evidence. MCR 5.974(I); In re Miller, 433 Mich 331, 337; 445 NW2d 161 (1989). Because only one statutory ground need be established to terminate parental rights, In re McIntyre, 192 Mich App 47, 50; 480 NW2d 293 (1991), the juvenile court’s decision to terminate respondent-appellant’s parental rights will not be disturbed. Affirmed. /s/ Robert P. Young, Jr. /s/ Myron H. Wahls /s/ Kathleen Jansen -2­