IN RE KILE WORLD WHITMER MINOR
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of KILE WORLD WHITMER, Minor.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
December 3, 1999
Petitioner-Appellee,
v
No. 217242
Wayne Circuit Court
Family Division
LC No. 96-346273
CARL WORLD WHITMER,
Respondent-Appellant.
Before: Jansen, P.J., and Hoekstra and J. R. Cooper*, JJ.
MEMORANDUM.
Respondent appeals as of right a family court order terminating his parental rights to the minor
child pursuant to MCL 712A.19b(3)(a)(ii), (b)(i), (c)(i), (g) and (j); MSA 27.3178(598.19b)(3)(a)(ii),
(b)(i), (c)(i), (g) and (j). 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). Further, respondent failed to show that termination of his parental rights was
clearly not in the child’s best interests. MCL 712A.19b(5); MSA 27.3178(598.19b)(5); In re HallSmith, 222 Mich App 470, 472-473; 564 NW2d 156 (1997). Thus, the family court did not err in
terminating respondent’s parental rights to the child. Id.
Respondent further argues that he received the ineffective assistance of counsel because his
attorney failed to present evidence that termination of his parental rights was not in the child’s best
interests. Where, as here, a claim of ineffective assistance of counsel depends on matters not of record,
a respondent is required to make a testimonial record at the trial court level which evidentially supports
the claim. See People v Hoag, 460 Mich 1, 6; 594 NW2d 57 (1999).1 Because defendant failed to
do this, and because it is not apparent from the record that termination of respondent’s parental rights
* Circuit judge, sitting on the Court of Appeals by assignment.
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was clearly contrary to the child’s best interests, ineffective assistance of counsel has not been
established.
Affirmed.
/s/ Kathleen Jansen
/s/ Joel P. Hoekstra
/s/ Jessica R. Cooper
1
“In analyzing claims of ineffective assistance of counsel at termination hearings, this Court applies by
analogy the principles of ineffective assistance of counsel as they have developed in the criminal law
context.” In re Simon, 171 Mich App 443, 447; 431 NW2d 71 (1988).
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