IN RE JULIE ANN ROSEBROCK MINOR
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of M.J.C.R., Minor.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
May 22, 2001
Petitioner-Appellee,
v
No. 230007
Saginaw Circuit Court
Family Division
LC No. 00-026369-NA
MICHAEL ALAN CLICK,
Respondent-Appellant,
and
DONNA MAE ROSEBROCK, f/k/a DONNA
CLICK,
Respondent.
In the Matter of M.J.C.R., Minor.
FAMILY INDEPENDENCE AGENCY,
Petitioner-Appellee,
v
No. 230082
Saginaw Circuit Court
Family Division
LC No. 00-026369-NA
DONNA MAE ROSEBROCK, f/k/a DONNA
CLICK,
Respondent-Appellant,
and
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MICHAEL ALAN CLICK,
Respondent.
In the Matter of J.A.R., Minor.
FAMILY INDEPENDENCE AGENCY,
Petitioner-Appellee,
v
No. 230083
Saginaw Circuit Court
Family Division
LC No. 90-020893-NA
DONNA MAE ROSEBROCK, f/k/a DONNA
CLICK,
Respondent-Appellant.
Before: Holbrook, Jr., P.J., and Hood and Griffin, JJ.
MEMORANDUM.
In these consolidated appeals, respondents appeal as of right two family court orders
terminating their parental rights to the minor children. Respondent father's parental rights were
terminated as to his natural son pursuant to MCL 712A.19b(3)(b)(i), (g), and (j); MSA
27.3178(598.19b)(3)(b)(i), (g), and (j). Respondent mother's parental rights were terminated as
to both of her children pursuant to MCL 712A.19b(3)(b)(ii), (g), and (j); MSA
27.3178(598.19b)(3)(b)(ii), (g), and (j). We affirm.
With regard to respondent father, 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). There was evidence that
respondent father sexually abused his step-daughter and physically abused both children.
Additionally, respondent father failed to contribute to the family's household expenses and
squandered his time and money on Internet pornography sites. At the time of trial, there were
criminal charges pending against respondent father for the sexual abuse allegations as well as
possession of child pornography. Further, the evidence did not show that termination of
respondent father's parental rights was clearly not in his child's best interests. MCL
712A.19b(5); MSA 27.3178(598.19b)(5); In re Trejo, 462 Mich 341, 356-357; 612 NW2d 407
(2000). Thus, the family court did not err in terminating respondent father's parental rights to the
child.
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With regard to respondent mother, even if the family court erred in terminating
respondent mother's parental rights under ยง 19b(3)(g), the error was harmless because the family
court did not clearly err in finding that the remaining statutory grounds for termination were
established by clear and convincing evidence. MCR 5.974(I); In re Miller, supra. The evidence
indicated that respondent mother was in a position where she should have known of the sexual
abuse, yet did nothing to prevent it. Additionally, respondent mother was well aware of the
physical abuse of both children, and continued to reside with respondent father, thereby exposing
the children to further abuse. Respondent mother also has a history of emotional and
psychological problems, including several suicide attempts in front of the children. Finally, the
evidence did not show that termination of respondent mother's parental rights was clearly not in
the children's best interests. MCL 712A.19b(5); MSA 27.3178(598.19b)(5); In re Trejo, supra.
Thus, the family court did not err in terminating respondent mother's parental rights to the
children.
Affirmed.
/s/ Donald E. Holbrook, Jr.
/s/ Harold Hood
/s/ Richard Allen Griffin
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