IN RE TRACI DEA'ON LEWIS MINOR
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of TRACI DEA’ON LEWIS, Minor.
DEPARTMENT OF HUMAN SERVICES,
UNPUBLISHED
March 3, 2009
Petitioner-Appellee,
v
No. 285577
Wayne Circuit Court
Family Division
LC No. 94-313125-NA
SANDRA RACHEL KEWLEY,
Respondent,
and
TRACY DION LEWIS,
Respondent-Appellant.
Before: Jansen, P.J., and Meter and Fort Hood, JJ.
MEMORANDUM.
Respondent-appellant appeals by right the family court’s order terminating his parental
rights to the minor child pursuant to MCL 712A.19b(3)(c)(i), (g), and (j). We affirm.
The family court did not clearly err by finding that MCL 712A.19b(3)(c)(i), (g), and (j)
had been established by clear and convincing evidence. MCR 3.977(J); In re Trejo, 462 Mich
341, 356-357; 612 NW2d 407 (2000). There was a history of physical and mental abuse by
respondent against the child, and another person had sexually abused the child while the child
was in respondent’s care. The child had been in foster care for five years, during which time
respondent was periodically incarcerated. Respondent also failed to benefit from therapy and
anger management classes, and was still unable to control his temper even in a supervised setting
at the time of termination. He did not accept any responsibility for the child’s removal from his
care, and never established an appropriate home for the child. His failure to benefit from
services and his unresolved anger issues and inability to place the child’s needs before his own
created a reasonable likelihood of continued physical and emotional abuse if the child were
returned to his care.
-1-
Further, the evidence did not show that termination of respondent’s parental rights was
clearly contrary to the child’s best interests.1 MCL 712A.19b(5); In re Trejo, 462 Mich at 356357. The child feared respondent and did not feel he would protect her. She did not want to live
with him and had nightmares after visits, or even when the idea of visitation was discussed. The
family court did not err by terminating respondent’s parental rights to the minor child.
Affirmed.
/s/ Kathleen Jansen
/s/ Patrick M. Meter
/s/ Karen M. Fort Hood
1
The Legislature has 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-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
