IN RE DERBY/HALLADAY MINORS

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STATE OF MICHIGAN COURT OF APPEALS In the Matter of JANE DERBY and GERALD HALLADAY, III, Minors. FAMILY INDEPENDENCE AGENCY, UNPUBLISHED February 11, 2000 Petitioner-Appellee, v No. 220129 Kent Circuit Court Family Division LC No. 94-044000-NA PAULA DERBY, Respondent-Appellant. Before: O’Connell, P.J., and Meter and T. G. Hicks*, JJ. MEMORANDUM. Respondent appeals as of right from a family court order terminating her parental rights to two minor children under MCL 712A.19b(3)(c)(i), (g), and (i); MSA 27.3178(598.19b)(c)(i), (g), and (i).1 We affirm. The family court did not clearly err in finding that statutory grounds for termination were established by clear and convincing evidence. MCR 5.974(I); In re Sours, 459 Mich 624, 633; 593 NW2d 520 (1999); In re Miller, 433 Mich 331, 337; 445 NW2d 161 (1989). Further, respondent failed to show that termination of her parental rights was clearly not in the children's best interests. MCL 712A.19b(5); MSA 27.3178(598.19b)(5); In re Hall-Smith, 222 Mich App 470, 472-473; 564 NW2d 156 (1997). Thus, we reject respondent's claim that the family court improperly terminated her parental rights. Affirmed. * Circuit judge, sitting on the Court of Appeals by assignment. -1 /s/ Peter D. O’Connell /s/ Patrick M. Meter /s/ Timothy G. Hicks 1 Although the family court’s decision identifies §19b(3)(f) as one of the applicable grounds for termination, it is apparent from the context of the court’s discussion, as well as the language referenced by the court, that it was actually relying on § 19b(3)(i) as the statutory basis for termination. -2

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