IN RE COTY MYERS MINOR
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of COTY MYERS, Minor.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
August 19, 2004
Petitioner-Appellee,
v
No. 253857
Kent Circuit Court
Family Division
LC No. 02-266301-NA
MENDY MARSHALL,
Respondent-Appellant,
and
KIRSTIAN MYERS,
Respondent.
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 child under MCL 712A.19b(3)(c)(i) and (g). We affirm.
The trial court did not clearly err in finding that the statutory grounds for termination
were established by clear and convincing evidence. MCR 3.977(J); In re Trejo Minors, 462
Mich 341, 356-357; 612 NW2d 407 (2000). The principal conditions leading to adjudication
were respondent-appellant's substance abuse and leaving her child in the care of others without
adequate provisions. The evidence established that respondent-appellant failed to complete
substance abuse treatment, continued to use alcohol and marijuana until well into the case, and
was not consistent in her visitations with the child. Respondent-appellant's lack of compliance
with her treatment plan clearly supported the trial court's conclusion that the conditions leading
to adjudication had not changed and would not be rectified within a reasonable time, and that
respondent would be unable to provide proper care and custody for the child within a reasonable
time considering his age.
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); Trejo, supra. Although
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the child loved and was bonded with his mother, other testimony and evidence demonstrated that
the child's continued frustration over respondent-appellant's lack of progress and uncertainty over
his own placement was affecting his mental and emotional well-being. Thus, the trial court did
not clearly err in terminating respondent-appellant's parental rights to the child.
Affirmed.
/s/ Joel P. Hoekstra
/s/ Jessica R. Cooper
/s/ Kirsten Frank Kelly
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