IN RE BEATTY MINORS (Per Curiam Opinion)
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STATE OF MICHIGAN
COURT OF APPEALS
UNPUBLISHED
August 23, 2011
In the Matter of M.R.L. BEATTY and N.
BEATTY, Minors.
No. 301639
Calhoun Circuit Court
Family Division
LC No. 2009-000452-NA
Before: MARKEY, P.J., and SAAD and GLEICHER, JJ.
PER CURIAM.
Respondent appeals by right the trial court’s order terminating his parental rights to his
minor children under MCL 712A.19b(3)(a)(ii), (c)(i), and (g). Respondent does not challenge
the trial court’s termination of his parental rights under MCL 712A.19b(3)(j). We affirm.
The children in this case were removed from the care of their mother after she was
hospitalized for a drug overdose. On the day that the mother was hospitalized, child protective
services contacted respondent in an effort to locate the children, one of whom was two years old;
the other was five months old. Respondent first denied knowing where the children were, then
admitted that he knew their location but threatened violence if protective services attempted to
retrieve them. The children had never lived with respondent, nor had he ever supported them
financially, visited them, or played any role in their care.
After the children were located and successfully retrieved by child protective services,
petitioner contacted respondent and offered to provide him with services that would allow him to
work toward custody of the children. Respondent expressed an interest in services, but thereafter
failed to participate in any services, including failing to attend a scheduled psychological
examination and failing to attend hearings before the trial court. Respondent did not contact the
agency and made no attempt to visit the children or provide for their support. After
approximately eight months, respondent was incarcerated on unrelated charges. He thereafter
informed the foster care worker that he was not interested in participating in services.
In February 2010, the children were returned to the custody of their mother after she
made progress complying with some services provided by petitioner. The children were again
removed from her care in May 2010 after the mother failed to continue to comply with services
and the oldest child was found wandering alone on a busy sidewalk. Petitioner subsequently
sought termination of both parents’ parental rights to the children. In June 2010, respondent
informed the foster care worker that he wished to participate in services with a goal of gaining
custody of the children. At that time, respondent was still incarcerated and his earliest release
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date from prison was August 2011. The foster care worker suggested that respondent participate
in the services available at the prison, such as parenting classes, employment, and cognitive
thinking classes. Respondent’s behavior in prison, however, had apparently rendered him
ineligible for services in prison. In December 2010, the trial court terminated both parents’
parental rights to the children.
Respondent contends that the trial court clearly erred in terminating his parental rights
under statutory subsections (3)(a)(ii), (c)(i), and (g). We disagree, as a review of the record
indicates evidence sufficient for termination under all of these subsections, as well as under
subsection (3)(j). To terminate parental rights, the trial court must find that at least one of the
statutory grounds for termination in MCL 712A.19b(3) has been demonstrated by clear and
convincing evidence. In re Fried, 266 Mich App 535, 540-541; 702 NW2d 192 (2005). Only
one statutory ground is required for termination. In re Powers, 244 Mich App 111, 118; 624
NW2d 472 (2000).
Desertion under subsection (a)(ii) includes the failure to make any substantial effort to
communicate with the child or obtain assistance in regaining custody of the child. See In re TM,
245 Mich App 181, 193-194; 628 NW2d 570 (2001). In this case, it is undisputed that
respondent had virtually no contact with the children before they were removed from the
mother’s custody in February 2009. After their removal, respondent made no effort to comply
with the offered services, contact the agency, visit the children, or attend the hearings. After his
imprisonment several months later, respondent informed the foster care worker that he did not
wish to participate in services. Not until June 2010 did respondent inform the foster care worker
that he wished to participate in services. In light of respondent’s failure to have any involvement
with the children either before or after their removal, and either before or after his incarceration
until shortly before termination, it cannot be said the trial court clearly erred by finding that
respondent had deserted the children.
We also disagree with respondent’s contention that it was impossible for the trial court to
have properly terminated his parental rights under subsection (c)(i) finding that the conditions
that led to adjudication continued to exist and there was no reasonable likelihood that they would
be rectified within a reasonable time considering the ages of the children. The foster care worker
testified that at the time of adjudication the agency was concerned with respondent’s emotional
stability and his lack of parenting experience given that he had had virtually no contact with the
children prior to their removal. At the time of termination approximately 1-1/2 years later,
respondent had made no efforts to rectify these conditions. Respondent had not participated in
offered services and rendered himself unavailable to parent the children by becoming
incarcerated. Later, although some services such as parenting classes were available while
defendant was incarcerated, respondent’s actions rendered him ineligible for those services in
prison with the result being that at the time of termination, respondent had made no progress in
rectifying the conditions that led to adjudication.
Respondent next contends that termination was not warranted under subsection (3)(g),
disputing the trial court’s finding that respondent failed to provide proper care and custody for
the children and that there was no reasonable expectation that he would be able to do so within a
reasonable time considering the ages of the children. Respondent argues that a finding under this
subsection is precluded by petitioner’s failure to provide services to him in prison, arguing that
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termination under this subsection is tantamount to terminating his parental rights solely because
he is incarcerated. The record, however, is undisputed that respondent provided no care or
custody for the children before their removal from the mother’s custody. Similarly, after their
removal respondent made no effort to participate in the offered services or in the court
proceedings even in the approximately eight months before he was incarcerated. A parent’s
failure to comply with the parent agency agreement is evidence of failure to provide proper care
and custody. In re JK, 468 Mich 202, 214; 661 NW2d 216 (2003). Upon his incarceration,
respondent again declined services from petitioner and also rendered himself ineligible for
services in prison. In light of this unrefuted evidence, the trial court did not clearly err in finding
that termination was warranted under subsection (3)(g).
Finally, we conclude on this record that the trial court also properly terminated
respondent’s parental rights to the children under subsection (3)(j). Respondent does not dispute
on appeal, and because only one statutory ground is required for termination, we could affirm
that a statutory ground existed on this basis alone.
For the same reasons we affirm the existence of all of the statutory grounds cited by the
trial court, we conclude that the trial court did not clearly err in determining that termination of
respondent’s parental rights was in the best interests of the children. MCL 712A.19b(5); In re
Trejo, 462 Mich 341, 356-357; 612 NW2d 407 (2000).
We affirm.
/s/ Jane E. Markey
/s/ Henry William Saad
/s/ Elizabeth L. Gleicher
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