IN RE MCCARY MINORS
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of SAM and SSM, Minors.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
April 24 2001
Petitioner-Appellee,
v
No. 227823
Wayne Circuit Court
Family Division
LC No. 97-353894
MYRA DONNELL McCARY,
Respondent-Appellant
and
JOSEPH TAYLOR,
Respondent.
Before: Cavanagh, P.J., and Markey and Collins, JJ.
MEMORANDUM.
Respondent-appellant appeals by right the trial court’s order terminating her parental
rights to the minor children pursuant to MCL 712A.19b(3)(c)(i), (g), (i), and (j); MSA
27.3178(598.19b)(3)(c)(i), (g), (i), and (j). We affirm.
The court’s factual findings were supported by the evidence and, thus, were not clearly
erroneous. In re Vasquez, 199 Mich App 44, 51; 501 NW2d 231 (1993); see, also, MCR
5.974(I); In re Miller, 433 Mich 331, 337; 445 NW2d 161 (1989). Further, the trial court did not
clearly err in finding that at least one statutory ground was established by clear and convincing
evidence. In re Trejo, 462 Mich 341, 350, 352, 356-357; 612 NW2d 407 (2000). Respondentappellant has a history of drug use and is unable to provide a drug-free and safe environment for
the children. Although she completed an in-patient drug program, appellant failed to attend
after-care treatment and failed to submit to drug screens on a regular basis. Her lack of concern
for the children also was demonstrated by her lack of consistent visitation with the children while
they were in foster care. Further, the evidence did not establish that termination was clearly not
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in the children’s best interests. Id. at 354, 357. The trial court did not err in terminating
appellant’s parental rights to the children.
We affirm.
/s/ Mark J. Cavanagh
/s/ Jane E. Markey
/s/ Jeffrey G. Collins
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