IN RE BERNARD MINORS

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STATE OF MICHIGAN COURT OF APPEALS In the Matter of TRAVIS LEE BERNARD and TYLER JAMES BERNARD, Minors. DEPARTMENT OF HUMAN SERVICES, UNPUBLISHED May 5, 2009 Petitioner-Appellee, v No. 287580 Muskegon Circuit Court Family Division LC No. 07-036209-NA JODY LYNN VANETTEN, Respondent-Appellant, and JEFFREY SCOTT BERNARD, Respondent. Before: Borrello, P.J., and Murphy and M.J. Kelly, JJ. MEMORANDUM. Respondent VanEtten appeals as of right from a circuit court order MCL 712A.19b(3)(c)(i),1 (g), and (j). We affirm. The trial court did not clearly err in finding that the statutory grounds for termination had been proved by clear and convincing evidence. MCR 3.977(G); In re Trejo Minors, 462 Mich 341, 355; 612 NW2d 407 (2000). The children came into care in July 2007 because respondent abused crack cocaine and would disappear from home for days at a time. Respondent made little effort to take advantage of substance abuse treatment options provided to her, attending outpatient treatment only occasionally and rejecting inpatient treatment. She continued to disappear for days at a time and used cocaine throughout the year that the case was pending, undeterred even by an arrest for drug possession. Further, the trial court did not clearly err in 1 The trial court cited § 19b(3)(c)(ii), apparently by mistake; its findings of fact comported with the circumstances necessary for termination under § 19b(3)(c)(i). -1- finding that termination was in the child’s best interests. MCL 712A.19b(5). Therefore, the trial court did not clearly err in terminating respondent’s parental rights. Trejo, supra at 356-357. Affirmed. /s/ Stephen L. Borrello /s/ William B. Murphy /s/ Michael J. Kelly -2-

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