IN RE ERIN LAUNDRY MINOR
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of ERIN LAUNDRY, Minor.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
January 15, 2004
Petitioner-Appellee,
v
No. 249655
Chippewa Circuit Court
Family Division
LC No. 02-012728-NA
LEDEAN LAUNDRY,
Respondent-Appellant.
Before: Donofrio, P.J., and Griffin and Jansen, JJ.
MEMORANDUM.
Respondent appeals by delayed leave granted from a circuit court order terminating her
parental rights to the minor child pursuant to MCL 712A.19b(3)(c)(i), (g) and (j). We affirm.
This appeal is being decided without oral argument pursuant to MCR 7.214(E).
The trial court did not clearly err in finding that at least one statutory ground for
termination had been proved by clear and convincing evidence. In re IEM, 233 Mich App 438,
450; 592 NW2d 751 (1999). Respondent made minimal attempts to comply with the service
plan for reunification and still lacked suitable housing.
Further, the trial court’s finding regarding the child’s best interests was not clearly
erroneous. In re Trejo Minors, 462 Mich 341, 354, 356-357; 612 NW2d 407 (2000); MCL
712A.19b(5). Although respondent offered her aunt as an alternative custodian, nothing in the
law directs the court to refrain from ordering termination when the child could alternatively be
placed with relatives, In re Futch, 144 Mich App 163, 170; 375 NW2d 375 (1984), and thus if it
is within the best interests of the child to do so, the court may terminate parental rights instead of
placing the child with relatives. IEM, supra at 453; In re McIntyre, 192 Mich App 47, 52; 480
NW2d 293 (1991). The proposed custodian was an out-of-state relative whom the child had
never met and respondent offered no evidence as to her qualifications and suitability as a
custodian. Therefore, the trial court did not clearly err in terminating respondent’s parental
rights. Trejo, supra at 356-357.
We reject respondent’s contention that the trial court improperly considered hearsay
evidence. The supplemental petition sought termination because the conditions that led to the
adjudication continued to exist and would not be rectified within a reasonable time. Under such
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circumstances, any relevant and material evidence may be considered, even if such evidence is
not admissible at the adjudicatory trial. MCR 5.974(F)(2). Because respondent has not shown
clear error with respect to the admission of the evidence, she is not entitled to relief on this
unpreserved issue. Hilgendorf v St John Hosp & Med Ctr Corp, 245 Mich App 670, 700; 630
NW2d 356 (2001).
Affirmed.
/s/ Pat M. Donofrio
/s/ Richard Allen Griffin
/s/ Kathleen Jansen
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