IN RE VANDIVIER MINORS

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STATE OF MICHIGAN COURT OF APPEALS In the Matter of JOHN JOSEPH VANDIVIER, MICHAEL ANTHONY VANDIVIER and NICOLE S. VANDIVIER, Minors. FAMILY INDEPENDENCE AGENCY, UNPUBLISHED April 4, 2000 Petitioner-Appellee, v No. 218176 Wayne Circuit Court Family Division LC No. 97-359279 JOHN JOSEPH VANDIVIER, Respondent-Appellant, and DONALD NORTON, Respondent. Before: Wilder, P.J., and Sawyer and Markey, JJ. MEMORANDUM. Respondent-appellant appeals as of right from the family court order terminating his parental rights to his minor children under MCL 712A.19b(3)(a)(ii), (c)(i) and (g); MSA 27.3178(598.19b)(3)(a)(ii), (c)(i) and (g). 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-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, 472-473; 564 NW2d 156 (1997). Thus, the family court did not err in terminating respondent-appellant's parental rights to the children. -1­ Affirmed. /s/ Kurtis T. Wilder /s/ David H. Sawyer /s/ Jane E. Markey -2­

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