IN RE ROSS MINORS

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STATE OF MICHIGAN COURT OF APPEALS In the Matter of DEVONTE JAIER ROSS, JASMINE CIERA-LENNETTE ROSS, and STE’FAN QUATRELLE ROSS, Minors. FAMILY INDEPENDENCE AGENCY, UNPUBLISHED December 14, 2004 Petitioner-Appellee, v No. 255556 Wayne Circuit Court Family Division LC No. 02-412297-NA SAMUEL WILLIE ROSS, Respondent-Appellant, and TANESHA LATRELLE PULLUM, Respondent. Before: Markey, P.J., and Fitzgerald and Owens, JJ. MEMORANDUM. Respondent-appellant appeals as of right from the trial court order terminating his parental rights to the minor children under MCL 712A.19b(3)(a)(ii), (c)(i), (g), and (j). We affirm. This appeal is being decided without oral argument pursuant to MCR 7.214(E). The trial court did not clearly err in finding that the statutory grounds for termination were established by clear and convincing evidence. MCR 3.977(J); In re Miller, 433 Mich 331, 337; 445 NW2d 161 (1989). Respondent-appellant not only failed to complete the minimal requirements of the parent/agency agreement, but he deserted the children for a six-month period during the pendency of these proceedings and did not reinstate contact with them until tracked down by the foster care worker. Respondent-appellant has waived his claim of ineffective assistance of counsel by failing to include the issue in the statement of questions presented on appeal. People v Albers, 258 Mich App 578, 584; 672 NW2d 336 (2003). Moreover, respondent-appellant cannot show that he was prejudiced by counsel’s alleged errors, People v Stanaway, 446 Mich 643, 687-688; 521 NW2d 557 (1994), where he failed to participate in the treatment plan and chose to disengage -1- himself from all contact with the agency and his children during the pendency of these proceedings. Affirmed. /s/ Jane E. Markey /s/ E. Thomas Fitzgerald /s/ Donald S. Owens -2-

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