IN RE MATTHEW HANKINS AND CHELSEA MALLEY MINORS

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STATE OF MICHIGAN COURT OF APPEALS In the Matter of MATTHEW J. HANKINS and CHELSEA A. MALLEY, Minors. FAMILY INDEPENDENCE AGENCY, UNPUBLISHED August 22, 1997 Petitioner-Appellee, v No. 198060 Ingham Juvenile Court LC No. 00003926 JEANIE LOUISE MALLEY, Respondent-Appellant, and JONATHAN MOORE and BRENT MALLEY, Respondents. Before: Sawyer, P.J., and Bandstra and E. A. Quinnell*, JJ. MEMORANDUM. Respondent-appellant appeals as of right from the juvenile court order terminating her parental rights to the minor children under MCL 712A.19b(3)(b)(ii), (c)(i), (g) and (j); MSA 27.3178(519.19b)(3)(b)(ii), (c)(i), (g) and (j). We affirm. The juvenile court did not clearly err in finding that clear and convincing evidence established the statutory grounds for termination. In re Miller, 433 Mich 331, 337; 445 NW2d 161 (1989); In re Hall-Smith, 222 Mich App 470, 473; ___ NW2d ___ (1997). The conditions that caused the court to assume jurisdiction in this case continued to exist at the time of the termination hearing. Although respondent-appellant allegedly ended her relationship with Brent Malley, her testimony revealed that she * Circuit judge, sitting on the Court of Appeals by assignment. -1­ continued to speak with him on a daily basis. In light of respondent-appellant’s history with Malley, who abused her and Matthew, it is doubtful that she will stay away from him in the future. Respondent­ appellant admittedly is unable to protect Matthew from Malley. Although respondent-appellant worked on some aspects of her treatment plan, she did not complete the plan, which comprises neglect, a ground for termination. In re Ovalle, 140 Mich App 79, 83; 363 NW2d 731 (1985). Respondent­ appellant also did not recognize her inability to parent Matthew, who presents challenging and special needs. Her lack of parental skills also makes her unable to parent Chelsea. See In re Powers, 208 Mich App 582, 593-594; 528 NW2d 799 (1995). Affirmed. /s/ David H. Sawyer /s/ Richard A. Bandstra /s/ Edward A. Quinnell -2­

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