IN RE WILLIAMS-NETTLES/NETTLES MINORS

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STATE OF MICHIGAN COURT OF APPEALS In the Matter of MANDY DENISE NETTLES, SHAKEIA LAVON NETTLES, and JACQUISE DENICE WILLIAMS-NETTLES, Minors. FAMILY INDEPENDENCE AGENCY, UNPUBLISHED November 7, 2000 Petitioner-Appellee, v KENNETH JOHNSON, No. 223272 Wayne Circuit Court Family Division LC No. 97-357779 Respondent-Appellant, and ARNIETTA ANN NETTLES, GREGORY WILLIAMS and KENNETH BLACK, Respondents. Before: Jansen, P.J., and Doctoroff and O’Connell, JJ. MEMORANDUM. Respondent-appellant appeals as of right from the family court’s order terminating his parental rights to the minor child, Mandy Denise Nettles, under MCL 712A.19b(3)(a)(ii); MSA 27.3178(598.19b)(3)(a)(ii). We affirm the court’s termination order as modified. We agree that the trial court erred in terminating respondent-appellant’s parental rights to the child where respondent-appellant never established that he had any parental rights to terminate. Under MCR 5.974(B)(2), a “respondent” in a termination of parental rights proceeding includes the father of a child as defined by MCR 5.903(A)(4). Respondent-appellant does not fit any of the definitions of “father” listed in MCR 5.903(A)(4). Thus, respondent-appellant did not have any parental rights to terminate. Accordingly, we direct that respondent-appellant’s name be stricken from the order terminating parental rights. The order is affirmed in -2­ all other respects. Affirmed in part and reversed in part. /s/ Kathleen Jansen /s/ Martin M. Doctoroff /s/ Peter D. O’Connell -3­

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