IN RE CAYLA AND DEREK MCVICKER MINORSAnnotate this Case
STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of CAYLA ELIZABETH and DEREK
EUGENE MCVICKER, Minors.
FAMILY INDEPENDENCE AGENCY,
November 6, 1998
Hillsdale Juvenile Court
LC No. 96-031267 NA
FLOYD EUGENE MCVICKER,
KATHY SWICK SHOFFNER, BILL VERMOLYN
and BARRY MOORE,
Before: Young Jr., P.J., and Wahls and Jansen, JJ.
Respondent-appellant appeals as of right the juvenile court order terminating his parental rights
to the minor children. We affirm.
The juvenile court erred in terminating respondent-appellant’s parental rights under MCL
712A.19b(3)(h); MSA 27.3178(598.19b)(3)(h), because there was no clear and convincing evidence
that respondent-appellant would be imprisoned for a period exceeding two years. MCR 5.974(I), In
re Miller, 433 Mich 331, 337; 445 NW2d 161 (1989). Nonetheless, clear and convincing evidence
was presented showing that termination was proper under MCL 712A.19b(3)(g); MSA
27.3178(598.19b)(3)(g). See In re Perry, 193 Mich App 648, 650-651; 484 NW2d 768 (1992).
Further, respondent-appellant failed to show that termination of his
parental rights was clearly not in the children’s best interests. MCL 712A.19b(5); MSA
27.3178(598.19b)(5); In re Hall-Smith, 222 Mich App 470; 564 NW2d 156 (1997). Thus, the
juvenile court did not err in terminating respondent-appellant’s parental rights. Id.
/s/ Robert P. Young, Jr.
/s/ Myron H. Wahls
/s/ Kathleen Jansen