IN RE LILLIAN ROSE TYNDALL MINOR
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of LILLIAN ROSE TYNDALL,
Minor.
DEPARTMENT OF HUMAN SERVICES,
UNPUBLISHED
January 27, 2009
Petitioner-Appellee,
v
No. 288104
Cheboygan Circuit Court
Family Division
LC No. 07-004264-NA
GEORGE HENRY THOMAS, JR.,
Respondent-Appellant.
Before: Hoekstra, P.J., and Fitzgerald and Zahra, JJ.
MEMORANDUM.
Respondent appeals as of right from a circuit court order terminating his parental rights to
the minor child pursuant to MCL 712A.19b(3)(g), (h), (j), (m), and (n)(i).1 We affirm.
The trial court did not clearly err in finding that the statutory grounds for termination
were established by clear and convincing legally admissible evidence.2 MCR 3.977(E)(3); In re
Archer, 277 Mich App 71, 73; 744 NW2d 1 (2007). The child’s brother and half-sister became
the subject of child protective proceedings after the sister revealed, and respondent admitted, that
respondent had sexually abused her. Respondent subsequently voluntarily released his parental
rights to his son. As a result of criminal proceedings, respondent was convicted of three counts
of second-degree criminal sexual conduct, MCL 750.520c(1)(a), and was serving prison
sentences of 4 to 15 years each.
Further, the evidence showed that respondent had never met his daughter and, because of
his lengthy prison sentence, would not be available to establish any bond for several years. The
1
Contrary to what respondent asserts, the trial court did not rely on § 19b(3)(f) as a statutory
basis for termination.
2
Contrary to what respondent asserts, the initial petition included a request for termination of
respondent’s parental rights at the initial dispositional hearing. See MCL 712A.19b(4); MCR
3.977(E).
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trial court did not clearly err in finding that termination of respondent’s parental rights was in the
child’s best interests. In re Trejo, 462 Mich 341, 356-357; 612 NW2d 407 (2000); MCL
712A.19b(5).
Affirmed.
/s/ Joel P. Hoekstra
/s/ E. Thomas Fitzgerald
/s/ Brian K. Zahra
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