IN RE SMITH/NIXON MINORS
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of MICHAEL DAVID SMITH and
NICHOLAS LEONARD NIXON, II, Minors.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
September 21, 2004
Petitioner-Appellee,
v
No. 254544
Macomb Circuit Court
Family Division
LC No. 94-039906-NA
MICHELLE MARIE MOYA,
Respondent-Appellant,
and
DAVID JERRY SMITH and CARLOS RIVERA,
Respondents.
Before: Borrello, P.J., and Murray and Fort Hood, JJ.
MEMORANDUM.
Respondent Moya appeals as of right from a circuit court order terminating her parental
rights to the minor children pursuant to 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 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). Although the children had been in foster care for over two years,
respondent had not substantially complied with important aspects of the treatment plan and still
lacked stable, suitable housing. Further, the trial court’s finding regarding the child’s best
interests was not clearly erroneous. MCL 712A.19b(5); In re Trejo, 462 Mich 341, 354, 356357; 612 NW2d 407 (2000). Therefore, the trial court did not clearly err in terminating
respondent’s parental rights. Trejo, supra at 356-357.
-1-
Affirmed.
/s/ Stephen L. Borrello
/s/ Christopher M. Murray
/s/ Karen M. Fort Hood
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