IN RE ANN FATIMA FLEMING MINORAnnotate this Case
STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of ANN FATIMA FLEMING, Minor.
FAMILY INDEPENDENCE AGENCY,
December 29, 1998
Nos. 206571; 207218
Wayne Juvenile Court
LC No. 94-321893
FATIMA ESTHER FLEMING and TERRENCE
Before: Markman, P.J., and Bandstra and J.F. Kowalski*, JJ.
Respondents appeal as of right a juvenile court order terminating their parental rights to the
minor child under MCL 712A.19b(3)(g), (i), and (j); MSA 27.3178(598.19b)(3)(g), (i), and (j). This
case is being decided without oral argument pursuant to MCR 7.214(E). We affirm.
We note that only respondent mother sought judicial review of the referee's findings and
recommendation pursuant to MCR 5.991. In any event, neither respondent has shown that the referee
clearly erred in finding that at least one statutory ground for termination, specifically § 19b(3)(i) (parental
rights to one or more siblings have been terminated), was established by clear and convincing evidence.
MCR 5.974(D)(3) and (I); In re Miller, 433 Mich 331, 337; 445 NW2d 161 (1989).
The record shows that respondent mother had no prenatal care for the minor child, Ann, and
that Ann was born prematurely in a toilet at home and later tested positive for cocaine after she was
born. Ann developed various medical problems because of her premature birth (e.g., bleeding in her
head, breathing difficulties, and the loss of a couple of toes). Ann’s treating physician testified that it
was possible that the ingestion of cocaine may have induced the premature birth. Moreover,
respondents had their parental rights terminated to four other children just months before Ann came to
* Circuit judge, sitting on the Court of Appeals by assignment.
the attention of the court because of chronic neglect, substance abuse problems, domestic violence, and
a lack of rehabilitation.1
With respect to the best interests issue, although respondent father did present some evidence
on the minor child's best interests, we find no clear error in the referee's recommendation that parental
rights for both parents be terminated. MCL 712A.19b(5); MSA 27.3178(598.19b)(5); In re HallSmith, 222 Mich App 470, 472-473; 564 NW2d 156 (1997). Thus, we affirm the juvenile court’s
order terminating the respondents’ parental rights based on the referee's findings and recommendations.
Further, pursuant to petitioner’s request, we also give immediate effect to the probate court’s
order terminating respondents’ parental rights. MCR 7.215(E)(2).
/s/ Stephen J. Markman
/s/ Richard A. Bandstra
/s/ John F. Kowalski
The termination of respondents’ parental rights with respect to the four older children was recently
affirmed by this Court. In the Matter of Fleming, unpublished opinion per curiam of the Court of
Appeals, issued March 3, 1998 (Docket Nos. 203154, 203252).