IN RE HOUSTON/LEWIS MINORS

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STATE OF MICHIGAN COURT OF APPEALS In the Matter of CEON MONTEL HOUSTON and ADRIAN JAY LEWIS, Minors. DEPARTMENT OF HUMAN SERVICES, UNPUBLISHED December 18, 2008 Petitioner-Appellee, v No. 286115 Genesee Circuit Court Family Division LC No. 97-108949-NA ANTHONY JAY LEWIS, Respondent-Appellant. Before: Cavanagh, P.J., and Jansen and Meter, JJ. MEMORANDUM. Respondent appeals by right the family court’s order that terminated his parental rights to minor child Adrian Jay Lewis pursuant to MCL 712A.19b(3)(a)(ii), (c)(i), (g), (h), (j), and (n)(i). We affirm. This appeal has been decided without oral argument. MCR 7.214(E). Respondent had a long history of violent criminal behavior and was incarcerated for almost all of the minor child’s life. In 1999, the same year that Adrian was born, respondent was incarcerated for assault with intent to commit sexual penetration and two counts of unarmed robbery. Respondent spent nine months on parole in 2005. During that time, he impregnated another woman, was then arrested for domestic violence against her, and was returned to prison. His maximum outdate was in 2012. The family court did not clearly err by finding that the statutory grounds for termination were proven by clear and convincing evidence. MCR 3.977(J); In re Miller, 433 Mich 331, 337; 445 NW2d 161 (1989). Having properly found the statutory grounds for termination proven by clear and convincing evidence, the family court was obligated to terminate respondent’s parental rights unless it appeared, on the whole record, that termination was clearly contrary to Adrian’s best interests. MCL 712A.19b(5); In re Trejo, 462 Mich 341, 356-357; 612 NW2d 407 (2000). Respondent acknowledged that he had no bond with the minor child. Due to his own actions, respondent was imprisoned for almost all of the child’s life and was unable to build a -1- relationship with the child. The family court did not err by finding that termination was not clearly contrary to the child’s best interests.1 Affirmed. /s/ Mark J. Cavanagh /s/ Kathleen Jansen /s/ Patrick M. Meter 1 The Legislature amended MCL 712A.19b(5), effective July 11, 2008. See 2008 PA 199. MCL 712A.19b(5) now provides that “[i]f the court finds that there are grounds for termination of parental rights and that termination of parental rights is in the child’s best interests, the court shall order termination of parental rights . . . .” However, the termination order at issue in this case was entered before this 2008 amendment took effect. -2-

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