IN RE PERKINS MINORS
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of A.B.P., C.P. and B.P., Minors.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
January 24, 2003
Petitioner-Appellee,
v
No. 240133
Wayne Circuit Court
Family Division
LC No. 01-403059
EILEEN MORELAND,
Respondent-Appellant,
and
GUS BENTLEY III and AL PERKINS,
Respondents.
Before: Cooper, P.J., and Bandstra and Talbot, JJ.
MEMORANDUM.
Respondent Moreland appeals as of right from a circuit court order of disposition
assuming jurisdiction over the minor children pursuant to MCL 712A.2(b)(1) and (2). We
affirm.
The trial court did not clearly err in finding that petitioner had established a statutory
basis for jurisdiction by a preponderance of the evidence. In re Brock, 442 Mich 101, 108-109;
499 NW2d 752 (1993); MCR 5.972(C)(1). The evidence showed that respondent’s home was
extremely cluttered, dirty, and foul-smelling, and lacked sufficient food for even one meal. The
evidence further showed that during the 2000-2001 school year, the children had very poor
school attendance. They never attended more than two consecutive full days of school a week,
and the rest of the time, they were either absent or two hours late. The children stopped
attending school altogether in April 2001. Although respondent testified that she was home
schooling the children, she only began that in May 2001 and failed to show that her home
program constituted an education as defined by MCL 712A.2(b)(1)(A). Therefore, the trial court
properly assumed jurisdiction. MCL 712A.2(b).
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Respondent contends that the trial court erred in admitting evidence of a prior child
cruelty conviction, asserting that such evidence was inadmissible under MRE 404(b)(1).
Because respondent failed to specify the same ground for the objection as raised on appeal, the
issue has not been preserved. Westland v Okopski, 208 Mich App 66, 72; 527 NW2d 780
(1994). Unpreserved evidentiary issues are reviewed for plain error affecting a party’s
substantial rights. Hilgendorf v St John Hosp & Med Ctr Corp, 245 Mich App 670, 700; 630
NW2d 356 (2001). Even assuming the evidence were inadmissible, reversal is unnecessary
because the court did not rely on the child cruelty conviction in determining that it had
jurisdiction over the children. In re Hamlet (After Remand), 225 Mich App 505, 520; 571 NW2d
750 (1997), overruled in part on other grounds by In re Trejo, 462 Mich 341, 353; 612 NW2d
407 (2000).
Affirmed.
/s/ Jessica R. Cooper
/s/ Richard A. Bandstra
/s/ Michael J. Talbot
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