IN RE STEPHON MARIO WALLS MINOR

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STATE OF MICHIGAN COURT OF APPEALS In the Matter of STEPHON MARIO WALLS, Minor. FAMILY INDEPENDENCE AGENCY, UNPUBLISHED June 24, 2004 Petitioner-Appellee, v No. 252817 Wayne Circuit Court Family Division LC No. 92-303072 TANNIA F. WALLS, Respondent-Appellant, and PAUL LINDSAY, Respondent. Before: Sawyer, P.J., and Gage and Owens, JJ. MEMORANDUM. Respondent Walls appeals as of right from a circuit court order terminating her parental rights to the minor child pursuant to MCL 712A.19b(3)(g), (i) and (j). We affirm. Respondent concedes, and we agree, that 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). Further, the trial court’s finding regarding the child’s best interests was not clearly erroneous. In re Trejo Minors, 462 Mich 341, 356-357; 612 NW2d 407 (2000); MCL 712A.19b(5). The evidence showed that respondent believed she was bonded to her child, that she interacted appropriately with him during family visits, and that she wanted to regain custody. However, the evidence established that respondent had a long-term substance abuse problem that adversely affected her ability to care for her other children and that problem contributed to the termination of her parental rights to one of those children. Respondent completed the inpatient portion of a substance abuse treatment program, but the responsibility of caring for four of her children caused her to relapse. She entered and failed to complete a second program and had entered a third program, which was still on-going. Although respondent had made some -1- progress in attempting to treat her addiction, that limited progress did not clearly overwhelm her failure to complete successfully a substance abuse treatment program and make significant progress in overcoming her addiction during the pendency of the entire case such that termination was clearly not in the child’s best interest. Trejo, supra, 462 Mich 364. The trial court’s decision was not clearly erroneous. Affirmed. /s/ David H. Sawyer /s/ Hilda R. Gage /s/ Donald S. Owens -2-

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