IN RE HURRELL MINORS
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STATE OF MICHIGAN
COURT OF APPEALS
___________________________________________
In the Matter of ALYSSA HURRELL and
NICOLE HURRELL, Minors.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
May 18, 2001
Petitioner-Appellee,
v
No. 231068
Clinton Circuit Court
Family Division
LC No. 99-013392-NA
DUANE HURRELL,
Respondent-Appellant,
and
CHRISTINA NONNENMACHER,
Respondent.
Before: McDonald, P.J., and Smolenski and K. F. Kelly, JJ.
MEMORANDUM.
Respondent-appellant appeals as of right from the 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.
Appellant first argues that petitioner failed to comply with MCL 722.954a(2);
MSA 25.359(4a)(2), by failing to make sufficient efforts to place the children with
appellant’s relatives. However, the record indicates that petitioner contacted appellant’s
relatives about the possibility of caring for the minor children, but the relatives were
either unwilling or unable to care for the children on a long-term basis. Accordingly,
there is no merit to appellant’s claim.
Appellant next argues that termination of his parental rights was not in the
children’s best interests. At the time of trial, appellant was incarcerated for a term of 5 ½
to 15 years for a criminal sexual conduct offense involving the children’s thirteen-year
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old babysitter. The evidence supported a finding, by clear and convincing evidence, that
a statutory basis for termination existed and that termination was not clearly against the
children’s best interests. Accordingly, the trial court did not err in terminating appellant’s
parental rights to the minor children. In re Trejo Minors, 462 Mich 341, 356-357; 612
NW2d 407 (2000).
Affirmed.
/s/ Gary R. McDonald
/s/ Michael R. Smolenski
/s/ Kirsten Frank Kelly
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