IN RE MORRISON MINORS
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of CHRISTINA MORRISON, DUANE
MORRISION and BRITTANY MORRISON,
Minors.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
November 30, 1999
Petitioner-Appellee,
v
No. 218691
Isabella Circuit Court
Family Division
LC No. 97-000099 NA
EDWARD L. MORRISON,
Respondent-Appellant.
Before: Jansen, P.J., and Hoekstra and J. R. Cooper*, JJ.
MEMORANDUM.
Respondent appeals as of right from a family court order terminating his parental rights to the
minor children under MCL 712A.19b(3)(g) and (h); MSA 27.3178(598.19b)(3)(g) and (h). We
affirm.
The family court did not clearly err in finding that the statutory grounds for termination were
established by clear and convincing evidence. MCR 5.974(I); In re Miller, 433 Mich 331, 337; 445
NW2d 161 (1989). The court properly found that termination was warranted under §§ 19b(3)(g) and
(h), given both the length of respondent’s incarceration and respondent’s lack of progress with his
treatment plan before being incarcerated.
The court also did not err in its evaluation of the children’s best interests. The court’s reference
to the national model statute for termination of parental rights in conjunction with its findings on the
children’s best interests does not reflect any improper considerations. In any event, the burden was on
respondent to come forward with evidence 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
* Circuit judge, sitting on the Court of Appeals by assignment.
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Mich App 470, 472-473; 564 NW2d 156 (1997). Because respondent failed to come forward with
evidence on this issue, the court had no discretion and was required to terminate his parental rights. Id.
at 472-473.
Affirmed.
/s/ Kathleen Jansen
/s/ Joel P. Hoekstra
/s/ Jessica R. Cooper
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