IN RE WALKER MINORAnnotate this Case
STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of DEMARIAS NICOLE WALKER,
FAMILY INDEPENDENCE AGENCY,
October 30, 1998
Wayne Juvenile Court
LC No. 94-315803
LAVERNE D. BUCKNER,
Before: Young, Jr., P.J., and Wahls and Jansen, JJ.
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
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
/s/ Robert P. Young, Jr.
/s/ Myron H. Wahls
/s/ Kathleen Jansen