IN RE MICHAELA NICOLE SMITHERS MINOR
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of MICHAELA NICOLE
SMITHERS, Minor.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
April 15, 2004
Petitioner-Appellee,
v
No. 252170
St. Joseph Circuit Court
Family Division
LC No. 02-001259-NA
SHERRY S. SMITHERS,
Respondent-Appellant,
and
KEITH ALLEN SANFORD,
Respondent.
Before: Cavanagh, P.J., and Murphy and Smolenski, JJ.
MEMORANDUM.
Respondent-appellant appeals as of right from the trial court order terminating her
parental rights to the minor child under MCL 712A.19b(3)(g) and (j). We affirm.
The trial court did not clearly err in finding the statutory grounds for termination were
established by clear and convincing evidence. MCR 3.977(J); In re Miller, 433 Mich 331, 337,
344-345; 445 NW2d 161 (1989). The principal conditions that led to adjudication were
respondent-appellant’s long-term criminal involvement and drug abuse. The evidence
established that, given respondent-appellant’s continued involvement in drugs after the birth of
the minor child, the likelihood she would be rehabilitated when she was released from prison was
slight and that the wait was not reasonable given the young age of the child.
Further, the evidence did not show that termination of respondent-appellant’s parental
rights was clearly not in the child’s best interests. MCL 712A.19b(5); In re Trejo Minors, 462
Mich 341, 353-357; 612 NW2d 407 (2000). There was no existing bond between respondentappellant and the child, and the child was thriving in its current placement.
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Affirmed.
/s/ Mark J. Cavanagh
/s/ William B. Murphy
/s/ Michael R. Smolenski
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