IN RE POMEROY MINORS
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of ALLISON POMEROY, RYAN C.
POMEROY, and KELSEY N. POMEROY, Minors.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
March 10, 2000
Petitioner-Appellee,
v
CONSTANCE M. FALING, a/k/a CONNIE
FALING,
No. 217536
Jackson Circuit Court
Family Division
LC No. 97-019258-NA
Respondent-Appellant,
and
BRIAN FALING
Respondent.
Before: Holbrook, Jr., P.J., and Smolenski and Collins, JJ.
SMOLENSKI, J. (concurring in part and dissenting in part).
I concur with the majority’s conclusion that the family court found clear and convincing evidence
to support termination of appellant’s parental rights with respect to Allison Pomeroy pursuant to MCL
712A.19b(3)(c)(i); MSA 27.3178(598.19b)(3)(c)(i). However, I respectfully dissent from the
majority’s conclusion that the trial court erred in terminating appellant’s parental rights with respect to
Ryan and Kelsey Pomeroy. The condition leading to the initial adjudication was appellant’s educational
neglect of her four children, which arose from the children’s excessive absenteeism from school. In my
opinion, appellant’s failure to correct the educational neglect with regard to Allison constitutes clear and
convincing evidence that there is no reasonable likelihood that the conditions will be rectified with regard
to Ryan and Kelsey. Accordingly, I would affirm the trial court’s order terminating appellant’s parental
rights with regard to all three children.
/s/ Michael R. Smolenski
-2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
