IN RE DONIQUA ANN WILLIAMS MINOR
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of DAW, a/k/a DAB, Minor.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
April 17, 2001
Petitioner-Appellee,
v
No. 224615
Saginaw Circuit Court
Family Division
LC No. 98-025252-NA
DONALD WILLIAMS,
Respondent-Appellant,
and
SYLVIA ANN BARNES,
Respondent.
In the Matter of DAW, a/k/a DAB, Minor.
FAMILY INDEPENDENCE AGENCY,
Petitioner-Appellee,
v
No. 224689
Saginaw Circuit Court
Family Division
LC No. 98-025252-NA
SYLVIA ANN BARNES,
Respondent-Appellant,
and
DONALD AARON WILLIAMS,
Respondent.
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Before: Hoekstra, P.J., and Whitbeck and Cooper, JJ.
MEMORANDUM.
In consolidated appeals, respondents-appellants appeal as of right from the juvenile court
order terminating their parental rights to the minor child under MCL 712A.19b(3)(c)(i), (c)(ii),
and (g); MSA 27.3178(598.19b)(3)(c)(i), (c)(ii), and (g). We affirm.
Respondent father argues that the trial court erred in terminating his parental rights
because he had a care plan for the child. However, even if respondent had a care plan for the
child, the record reveals that he was unemployed, lacked motivation, and failed to complete
parenting classes. Despite completion of two treatment programs, respondent father continued to
use an illegal substance, marijuana, and continued to deny that he has a substance abuse problem.
Although respondent father began individual counseling with a therapist, the therapist closed his
case due to his sporadic participation. Under these circumstances, there was sufficient evidence
to support the lower court’s finding that the relevant subsections of the statute were met. We
conclude from a review of the record that the trial court did not clearly err in finding that the
above-referenced subsections were established by clear and convincing evidence. MCR 5.974(I);
In re Vasquez, 199 Mich App 44, 51; 501 NW2d 231 (1993).
Respondent mother argues that assuming a statutory ground exists to terminate her
parental rights, an order of termination was not in the best interest of the child. We find no
support for this argument in the record. Respondent mother has not shown, nor does the record
support, that the trial court’s determination that termination of respondent mother’s parental
rights was in the best interest of the child was clearly erroneous. In re Trejo Minors, 462 Mich
341, 356-357; 612 NW2d 407 (2000). The record reveals that respondent mother smoked
marijuana during her pregnancy, used cocaine the night before she went into labor, has no GED
or diploma, has no job, has served time in jail and is on probation for her aggravated assault
conviction pursuant to a guilty plea, denies anger management problems even though her
probation officer recommended her to an anger-management program, has failed to complete
treatment programs and counseling, and has no care plan for the child. The lower court’s
termination of respondent mother’s parental rights was in the best interests of the child. MCL
712A.19b(5); MSA 27.3178(598.19b)(5); Trejo, supra.
Affirmed.
/s/ Joel P. Hoekstra
/s/ William C. Whitbeck
/s/ Jessica R. Cooper
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