IN RE RICHARD J FISK MINOR
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of RICHARD J. FISK, Minor.
DEPARTMENT OF HUMAN SERVICES, f/k/a
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
January 3, 2006
Petitioner-Appellee,
v
No. 263079
Gogebic Circuit Court
Family Division
LC No. 03-200043-NA
SHERIDAN FISK,
Respondent-Appellant.
Before: Owens, P.J., and Saad and Fort Hood, JJ.
PER CURIAM.
Respondent appeals as of right from the trial court order terminating his parental rights to
the minor child under MCL 712A.19b(3)(c)(i), (g), (h), (j), and (n)(i). We affirm.
The trial court did not clearly err in finding the statutory grounds for termination
established by clear and convincing evidence. MCR 3.977(J); In re Trejo, 462 Mich 341, 352
353; 612 NW2d 407 (2000). The primary conditions leading to adjudication were a filthy home,
criminality, substance abuse, and domestic violence. Richard had asthma and was not allowed to
be around cigarette smoke. However, ashtrays filled with cigarette butts were found in
respondent's home. Less than one month after Richard's removal, respondent committed a
felony, third-degree criminal sexual conduct, MCL 750.520d, involving sexual intercourse with a
girl 13 to 15 years of age. Respondent was convicted of this offense and his sentence enhanced
as a habitual offender, second offense, MCL 769.10, on January 7, 2004. He was sentenced on
February 9, 2004 to four to 22½ years in prison, with an early release date of July 30, 2007.
Respondent first contends that he was not given proper notice of the conditions that
needed to be rectified under MCL 712A.19b(3)(c)(i). We disagree. The caseworker testified
that she attempted to contact respondent at least 11 times in July 2003 and did provide a copy of
the case service plan (CSP) to respondent's attorney. Respondent was unable to work on
programs and services aimed at reunification, because he was jailed before the CSP was typed.
He did not comply with terms of his probation to attend a batterer's program and provide drug
tests. In July 2003, he used morphine. The caseworker did speak to him in July 2003 regarding
the conditions of the CSP. Clear and convincing evidence supported termination of respondent's
parental rights under subsection (c)(i).
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Clear and convincing evidence also supported termination under subsections (g), (h), (j),
and (n)(i). Respondent failed to provide proper care and custody for Richard and endangered his
well-being by permitting the filthy and unsanitary home conditions, including moldy food, piles
of dog feces, and smoking or permitting smoking around a child known to have severe asthma.
When the caseworker saw Richard on July 1, his breathing was a high-pitched bark; he had to be
hospitalized on July 2, and the situation was described as "life and death." While respondent did
show concern for the child in sitting by his hospital bed, respondent's part in causing the
conditions that led to the hospitalization cannot be ignored. Other behaviors by respondent that
were potentially harmful to the child's mental or physical well-being included drug abuse and
domestic violence against the child's mother that caused the mother's older children to become
afraid. Respondent has not seen Richard since early July 2003. His incarceration has ensured
that he will be unavailable to begin reunification with Richard until at least July 2007. The
elements of subsection (g), (h), (j), and (n)(i) were satisfied.
Further, the evidence did not establish that termination of respondent's parental rights was
clearly not in the child's best interests. MCL 712A.19b(5); Trejo, supra at 356-357. Richard
needs a permanent, safe, stable home, which respondent cannot provide. We have examined the
record and find no clear error in the trial court's conclusions.
Affirmed.
/s/ Donald S. Owens
/s/ Henry William Saad
/s/ Karen M. Fort Hood
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