IN RE CORGIAL MINORS

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STATE OF MICHIGAN COURT OF APPEALS In the Matter of TREVONNE RONNELL- DEWVON CORGIAL and TAESHAUN RAMONE DAMARI CORGIAL, Minors. DEPARTMENT OF HUMAN SERVICES, UNPUBLISHED October 28, 2008 Petitioner-Appellee, v No. 284864 Wayne Circuit Court Family Division LC No. 06-461754-NA APRIL LYONS, Respondent-Appellant, and WILLIAM J. CORGIAL, Respondent. Before: Servitto, P.J., and Donofrio and Fort Hood, JJ. MEMORANDUM. Respondent April Lyons appeals as of right from a circuit court order terminating her parental rights to the minor children pursuant to MCL 712A.19b(3)(a)(ii), (c)(i), (g), and (j). We affirm. The trial court did not clearly err in finding that §§ 19b(3)(c)(i), (g), and (j) were each established by clear and convincing evidence. MCR 3.977(G); In re Archer, 277 Mich App 71, 73; 744 NW2d 1 (2007). Respondent had a serious drug problem that caused her to neglect and endanger the children. She left the then two and three-year-old children with others for days at a time or even alone so she could engage in her drug habit. She refused to participate in treatment for nearly a year after the children were removed from the home and, despite eventually completing an inpatient treatment program and testifying that she had not used drugs since entering treatment, she continued to test positive for cocaine. Respondent also did not attend individual counseling, lacked suitable housing, and visited the children only sporadically. Because grounds for termination were clearly established under §§ 19b(3)(c)(i), (g), and (j), any alleged error in relying on § 19b(3)(a)(ii) as an additional basis for termination was harmless. In re Powers, 244 Mich App 111, 118; 624 NW2d 472 (2000). -1- Further, the evidence did not clearly show that termination of respondent’s parental rights was not in the children’s best interests. MCL 712A.19b(5); In re Trejo, 462 Mich 341, 354; 612 NW2d 407 (2000). The trial court did not clearly err in terminating respondent’s parental rights to the children. Id. at 356-357. Affirmed. /s/ Deborah A. Servitto /s/ Pat M. Donofrio /s/ Karen M. Fort Hood -2-

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