IN RE PAUNDA J CHILDREY MINOR

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STATE OF MICHIGAN COURT OF APPEALS In the Matter of PAUNDA J. CHILDREY, Minor. FAMILY INDEPENDENCE AGENCY, UNPUBLISHED April 19, 2002 Petitioner-Appellee, V No. 235856 Bay Circuit Court Family Division LC No. 01-007208-NA SOPHIA YVETTE CHILDREY, Respondent-Appellant. Before: Gage, P.J., and Griffin and Buth*, JJ. MEMORANDUM. Respondent appeals as of right from the trial court order terminating her parental rights to the minor child under MCL 712A.19b(3)(a)(ii) and (g). We affirm. Publication of notice of the termination hearing in the Detroit Legal News constituted sufficient service to effectuate the trial court’s personal jurisdiction over respondent, and her due process right to notice was not violated. MCL 712A.13. Additionally, the trial 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). In addition to evidence of a cocaine addiction, evidence was presented at the adjudication trial that that respondent has violated her parole. There was a warrant out for her arrest and she would be sentenced to some type of confinement if arrested. Even though the child was only six months old, the clear and convincing evidence of respondent’s cocaine use and her pending sentence and parole violations, coupled with the lack of effort on her part in pursuing treatment or interest in regaining custody of the child indicated that there was no reasonable expectation that respondent would be able to provide the child with * Circuit judge, sitting on the Court of Appeals by assignment. -1- the proper care and custody within a reasonable time. Thus, the trial court did not err in terminating respondent’s parental rights to the child. Affirmed. /s/ Hilda R. Gage /s/ Richard Allen Griffin /s/ George S. Buth -2-

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