IN RE ALSTON/COX/WASHINGTON MINORS

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STATE OF MICHIGAN COURT OF APPEALS In the Matter of REGINALD ALSTON, ELMOR WANDA COX and EMAJE TERRY WASHINGTON, Minors. FAMILY INDEPENDENCE AGENCY, UNPUBLISHED March 1, 2002 Petitioner-Appellee, v No. 233668 Wayne Circuit Court Family Division LC No. 99-385054 TYWANDA WASHINGTON, Respondent-Appellant, and REGINALD ALSTON, BOBBY COX, and EDDIE BANKS, Respondents. Before: Jansen, P.J., and Zahra and Meter, JJ. PER CURIAM. Respondent-appellant appeals as of right from the family court’s order terminating her parental rights to the minor children under MCL 712A.19b(3)(c)(i), (g), (h), and (j). We affirm. The family 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 NW2d 161 (1989). Here, respondent-appellant was imprisoned in November 1999, following her guilty plea to carjacking and felony-firearm. Her earliest release date is December 2003. Before going to prison, respondent-appellant left her two older children in the care of a woman whose home was found to be unsuitable in December 1999. Respondent-appellant’s third child was born while she was incarcerated. There was evidence that the two older children have special needs and none of the children appear to be bonded to their mother. The two older children indicated that respondent-appellant whips them and they expressed a desire not to return to her care. Under these circumstances, there was clear and convincing evidence to warrant termination under the above-cited statutory grounds. -1- Further, the evidence on the whole record did not show that termination of respondentappellant’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 family court did not clearly err in terminating respondent-appellant’s parental rights to the children. Affirmed. /s/ Kathleen Jansen /s/ Brian K. Zahra /s/ Patrick M. Meter -2-

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