IN RE YOVAN DECHENTE SOTO AND SANTIEL NIEVES

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STATE OF MICHIGAN COURT OF APPEALS In the Matter of YOVAN DECHENTE SOTO and SANTIEL NIEVES, Minors, FAMILY INDEPENDENCE AGENCY, UNPUBLISHED December 19, 1997 Petitioner-Appellee, v No. 203409 St. Joseph Juvenile Court LC No. 90-000009 LUZ SOTO, a/k/a LUZ PEREZ, Respondent-Appellant, and VINCENTE SOTO and ISMAEL AVILA, Respondents. Before: MacKenzie, P.J., and Hood and Hoekstra, JJ. MEMORANDUM. Respondent-appellant appeals by delayed application granted from the juvenile court order terminating her parental rights to the minor children under MCL 712A.19b(3)(g) and (j); MSA 27.3178(598.19b)(3) (g) and (j). We affirm. As determined previously by this Court in its memorandum opinion in Docket Nos. 193386 and 195149, the juvenile court did not improperly rely upon inadmissible hearsay evidence in its factual findings in terminating respondent-appellant’s parental rights. Further, collateral estoppel precludes consideration of this issue. Hawkins v Murphy, 222 Mich App 664, 672; 565 NW2d 674 (1997). Next, the juvenile court did not clearly err in finding that the statutory grounds for termination were established by clear and convincing evidence. MCR 5.974(I), In re Miller, 433 Mich 331, 337; 445 -1­ NW2d 161 (1989). Finally, the court did not clearly err in determining that respondent-appellant had not shown that termination was not in the best interests of the children. In re Hall-Smith, 222 Mich App 470; 564 NW2d 156 (1997); MCL 712A.19b(5); MSA 27.3178(598.19b)(5). Affirmed. /s/ Barbara B. MacKenzie /s/ Harold Hood /s/ Joel P. Hoekstra -2­

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