IN RE AUSTIN JAMES AND DAVIAN CURTIS GRAVES MINORS
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of AJG and DCG, Minors.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
December 14, 2001
Petitioner-Appellee,
V
No. 233074
Tuscola Circuit Court
Family Division
LC No. 98-007053-NA
MICHELLE KIRKEY,
Respondent-Appellant.
Before: White, P.J., and Talbot and E.R. Post*, JJ.
MEMORANDUM.
Respondent appeals as of right from the trial court order terminating her parental rights to
the minor children under MCL 712.19b(3)(c)(i), (c)(ii), (g), and (j). We affirm. This case is
being decided without oral argument pursuant to MCR 7.214(E).
The trial court did not err in considering updated service plans and court reports at the
termination hearing that had not been formally admitted into evidence at prior hearings. MCR
5.974(F)(2); In re King, 186 Mich App 458, 465; 465 NW2d 1 (1990).
Moreover, the final termination proceeding was not barred by res judicata. In re Pardee,
190 Mich App 243, 248-249; 475 NW2d 870 (1991). The trial court did not err, therefore, in
concluding that the May 11, 1999 petition continued to the January 2001 termination, and in
considering all evidence provided in prior hearings as though all proceedings constituted a single
proceeding. MCR 5.974(F)(2); In re LaFlure, 48 Mich App 377, 391; 210 NW2d 482 (1973).
Lastly, the trial court did not clearly err in finding that clear and convincing evidence
established statutory grounds for termination. MCR 5.974(I); In re Miller, 433 Mich 331, 337;
* Circuit judge, sitting on the Court of Appeals by assignment.
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445 NW2d 161 (1989). Thus, the trial court did not err in terminating respondent’s parental
rights to the children.
Affirmed.
/s/ Helene N. White
/s/ Michael J. Talbot
/s/ Edward R. Post
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