IN RE CHARTIER/ATKINS MINORS
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of MACKENZIE CHARTIER and
COOPER ATKINS, Minors.
DEPARTMENT OF HUMAN SERVICES,
UNPUBLISHED
May 12, 2009
Petitioner-Appellee,
v
No. 288252
Dickinson Circuit Court
Family Division
LC No. 07-000521-NA
TARA CHARTIER,
Respondent-Appellant.
Before: Sawyer, P.J., and Murray and Stephens, JJ.
MEMORANDUM.
Respondent Tara Chartier appeals as of right from the trial court order terminating her
parental rights to the minor children under MCL 712A.19(3)(g) and (j). 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, 462 Mich 341,
353; 612 NW2d 407 (2000). The conditions that led to adjudication were respondent’s
homelessness, mental illness, substance abuse, inappropriate behavior with the children, and
failure to cooperate with services. Respondent improved somewhat in the last few months
before the final hearing, most notably in completing parenting classes and attending and
interacting appropriately with her children at visitations. However, she failed to cooperate with
agencies and persons offering services, including the parent aides, juvenile court officers and
DHS housing assistance workers. Her non-cooperation with DHS resulted in the termination of
certain benefits and the failure to obtain adequate housing for her children. She continued to
have outbursts and miss appointments. Clear and convincing evidence showed that respondent
failed to provide proper care and custody and would be unable to do so within a reasonable time,
and the children would be at risk of harm in her care. MCL 712A.19b(3)(g), (j).
We also find no clear error in the court’s determination that termination of respondent’s
parental rights was in the children’s best interests. MCL 712A.19b(5); Trejo, supra at 356-357.
Despite evidence of a bond between mother and children, respondent’s continued failure to deal
with the conditions that brought the children into care caused the children uncertainty and
confusion regarding their future. They need a safe, stable home, which respondent cannot
provide. We find no reversible error.
-1-
Affirmed.
/s/ David H. Sawyer
/s/ Christopher M. Murray
/s/ Cynthia Diane Stephens
-2-
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