IN RE LYONS/SANCHEZ/ALLARD MINORS
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of JACOB LYONS, JASIMANE
SANCHEZ, and ERASMO ALLARD, Minors.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
August 19, 2004
Petitioner-Appellee,
v
No. 252148
Macomb Circuit Court
Family Division
LC No. 01-051777-NA
LISA MARIE VEACH,
Respondent-Appellant,
and
JASON ALLARD, MARK ALLEN CURTIN, and
MICHAEL LYONS,
Respondents.
Before: Hoekstra, P.J., and Cooper and Kelly, JJ.
MEMORANDUM.
Respondent-appellant appeals as of right from the trial court order terminating her
parental rights to the minor children under MCL 712A.19b(3)(c)(i). We affirm. This appeal is
being decided without oral argument pursuant to MCR 7.214(E).
The trial court did not clearly err in determining that the statutory ground for termination
of parental rights was established by clear and convincing evidence. MCR 3.977(J); In re Miller,
433 Mich 331, 337; 445 NW2d 161 (1989). The primary conditions to be rectified in this case
were respondent-appellant’s long-term instability in housing, employment and mental health.
Respondent-appellant was engaged in a protective services proceeding in 1997 after she was
hospitalized for bipolar disorder, and after Jacob was sexually molested by her husband.
Respondent-appellant was convicted of perjury as a result of the false testimony she gave in
favor of her husband at his criminal sexual conduct trial, and was sentenced to probation. Jacob
was returned to respondent-appellant in 1998. In 2001, the children were removed when
respondent-appellant was incarcerated for four months for failing to pay fines and fees, which
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was a violation of her probation, and there was no one available to care for the children. Her
employment, housing, and mental health were unstable at that time as well.
Respondent-appellant had nineteen months after her release from jail to comply with her
parent agency agreement. She did not meaningfully comply for the first fourteen months. She
complied during the last five months by obtaining stable employment and housing, engaging in
therapy, and taking her medication consistently. She completed parenting classes, and submitted
to two psychological evaluations. She did not comply with drug screens, but substance abuse
was not an issue. Although she showed improvement in her second psychological evaluation
due to taking parenting classes, her parenting abilities were not consistent at visits with the three
children. The psychologist and caseworker testified that respondent-appellant could not yet
adequately care for the children. Respondent-appellant’s therapist could not give an opinion
about respondent’s ability to care for the children, but noted that with weekly therapy and
consistent medication, perhaps lasting for the rest of her life, respondent-appellant could remain
stable.
The evidence showed that respondent-appellant had been prescribed medication and had
engaged in therapy from 1996 to 2001, but in that five years had not achieved stable housing,
employment, or mental health, and had resided with the children in homes with inappropriate
people. The same instability remained for all but the last five months of these proceedings. The
trial court did not clearly err in determining that respondent-appellant failed to demonstrate that
she had rectified the conditions leading to adjudication for the long term. Given the fact that
since 1996 respondent-appellant had not stabilized her employment, housing, mental condition
and the living environment of the children, the trial court did not err in determining that there
was no reasonable likelihood that respondent-appellant would rectify the conditions of
adjudication in a reasonable time given the children’s ages.
Affirmed.
/s/ Joel P. Hoekstra
/s/ Jessica R. Cooper
/s/ Kirsten Frank Kelly
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