IN RE PLACE MINORS
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of SARAH PLACE and
BELLEDONNA PLACE, Minors.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
December 14, 2004
Petitioner-Appellee,
v
No. 256363
Muskegon Circuit Court
Family Division
LC No. 98-025457
SARAH PLACE,
Respondent-Appellant.
Before: Markey, P.J., and Fitzgerald and Owens, JJ.
MEMORANDUM.
Respondent appeals as of right from the trial court’s order terminating her parental rights
to the minor children, apparently under MCL 712A.19b(3)(h) and (j). We affirm. This case is
being decided without oral argument under MCR 7.214(E)
Respondent argues that her due process right to confrontation was violated when the trial
court considered the testimony of her daughter from the permanent wardship trial of the
children’s father when neither respondent mother or her attorney were present.
The trial court’s findings of fact are short and it is not clear whether the trial court
considered the daughter’s testimony. However, even if the trial court considered this testimony,
any error would be harmless where at least one ground for termination was established by clear
and convincing evidence without the testimony at issue. In re Powers, 244 Mich App 111, 118;
24 NW2d 472 (2000); MCR 2.613(A). The trial court did not clearly err in finding that
petitioner established MCL 712A.19b(3)(h) by clear and convincing evidence where respondent
testified that she had been sentenced to 5½ to twenty-five years’ imprisonment, no arrangements
had been made to provide proper care and custody to the children, and there was no reasonable
expectation that respondent would be able to provide proper care and custody within a
reasonable time considering the children’s ages.
-1-
Affirmed.
/s/ Jane E. Markey
/s/ E. Thomas Fitzgerald
/s/ Donald S. Owens
-2-
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