IN RE DANIELLE ANN MARIE YARRINGTON MINOR

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STATE OF MICHIGAN COURT OF APPEALS In the Matter of DANIELLE ANN MARIE YARRINGTON, Minor. DAVID SCHMITZ, GUARDIAN, UNPUBLISHED June 8, 2004 Petitioner-Appellee, v No. 252744 Macomb Circuit Court Family Division LC No. 03-054678-NA HOLLY A. YARRINGTON, Respondent-Appellant, and ROBERT BONILLA, Respondent. Before: Markey, P.J., and Wilder and Meter, JJ. MEMORANDUM. Respondent-appellant appeals by right from the trial court order terminating her parental rights to the minor child under MCL 712A.19b(3)(a)(ii), (d), (g) and (j). We affirm. The trial court did not clearly err in finding that the statutory grounds for termination were established by clear and convincing evidence. MCR3.977(J); In re Miller, 433 Mich331, 337; 445 NW2d 161 (1989). Respondent-appellant had failed to visit or contact her child in over three years. She was institutionalized at the time of trial, and there was no clear evidence presented that she would be in any better position to provide proper care and custody of her child now than eleven years earlier when she agreed to place the child in a limited guardianship. 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, 462 Mich 341, 356-357; 612 NW2d 407 (2000). The child was bonded and thriving in the placement where she had spent all but six months of her life. There was no indication that any bond or -1- relationship existed between respondent-appellant and the child, the severance of which would be harmful to the child. We affirm. /s/ Jane E. Markey /s/ Kurtis T. Wilder /s/ Patrick M. Meter -2-

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