IN RE SIMMONS/HATTIX/JACKSON MINORS
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of KENNETH SIMMONS, JR.,
KENDRA HATTIX, KENDALL JACKSON, and
KENDRIC JACKSON, Minors.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
December 16, 2003
Petitioner-Appellee,
v
No. 249142
Kalamazoo Circuit Court
Family Division
LC No. 99-000002-NA
EUGENE JACKSON,
Respondent-Appellant,
and
BUNNY JACKSON, KENNETH SIMMONS, and
HUGH HATTIX,
Respondents.
Before: Fitzgerald, P.J., and Neff and White, JJ.
MEMORANDUM.
Respondent-appellant appeals as of right the order terminating his parental rights to his
minor children, Kendall and Kendric, under MCL 712A.19b(3)(c)(i). We affirm.
The trial court did not clearly err in finding that § 19b(3)(c)(i) was established by clear
and convincing evidence. MCR 3.977(J); In re Sours, 459 Mich 624, 633; 593 NW2d 520
(1999); In re Miller, 433 Mich 331, 337; 445 NW2d 161 (1989). Respondent-appellant concedes
on appeal that he did not rectify the conditions leading to adjudication, which primarily involved
substance abuse issues. Instead, respondent-appellant argues that if the petitioner had planned to
reunite the children with him rather than their mother, then he may have resolved his issues. We
are not convinced by respondent-appellant’s argument. Respondent-appellant still refused to
comply with virtually all aspects of the parent/agency agreement after the children were again
removed from their mother’s care nearly six months before the termination hearing was held.
Respondent-appellant reported that he continued to use drugs as late as November 2002, never
submitted random drug screens, and failed to appear at the termination hearing.
-1-
Affirmed.
/s/ E. Thomas Fitzgerald
/s/ Janet T. Neff
/s/ Helene N. White
-2-
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