IN RE NUNN/JOHNSON-RAY/JOHNSON MINORS

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STATE OF MICHIGAN COURT OF APPEALS In the Matter of MLD, DSJR, KYJ, TAJ, and KKJ, Minors. FAMILY INDEPENDENCE AGENCY, UNPUBLISHED December 7, 2001 Petitioner-Appellee, V No. 231342 Wayne Circuit Court Family Division LC No. 98-363010 DEWANNA JOHNSON, Respondent-Appellant, and ANTHONY JOHNSON, RONNIE CHARLES RAY and MARK NUNN, Respondents. Before: White, P.J., and Talbot and E.R. Post,* JJ. MEMORANDUM. Respondent-appellant appeals as of right from the trial court order terminating her parental rights to the minor children under MCL 712A.19b(3)(c)(i), (g), (h) and (j). We affirm. This case is being decided without oral argument pursuant to MCR 7.214(E). The trial court did not clearly err in finding that the statutory grounds for termination found in MCL 712A.19(3)(c)(i) and (g) were established by clear and convincing evidence. MCR 5.974(I); In re Miller, 433 Mich 331, 337; 445 NW2d 161 (1989). Only one ground need be shown. Further the evidence did not show that termination of respondent-appellant’s parental rights was clearly not in the children’s best interests. MCL 712A.19b(5); In re Trejo Minors, 462 Mich 341, 356-357; 612 NW2d 407 (2000). Thus, the trial court did not err in terminating respondent-appellant’s parental rights to the children. * Circuit judge, sitting on the Court of Appeals by assignment. -1- Respondent also argues that she received ineffective assistance of counsel because her attorney did not offer additional evidence relative to her incarceration and expected release date. The documents respondent argues should have been admitted were relevant to termination pursuant to MCL 712A.19b(3)(h). The trial court terminated parental rights on several grounds, including this one. We have already determined that termination was proper under subsections 19b(3)(c)(i) and (g). Because only one statutory ground is required to terminate parental rights, In re Trejo, supra at 350, it is unreasonable to conclude that counsel’s failure to offer certain documents to prevent termination under subsection 19b(3)(h) affected the outcome of the case. Affirmed. /s/ Helene N. White /s/ Michael J. Talbot /s/ Edward R. Post -2-

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