IN RE DESANDRE/LYONS MINORS
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of NIKIDRA DESANDRE and
IKEYA LYONS, Minors.
DEPARTMENT OF HUMAN SERVICES,
UNPUBLISHED
June 16, 2009
Petitioner-Appellee,
v
No. 289858
Mason Circuit Court
Family Division
LC No. 07-000093-NA
BEATRICE DESANDRE,
Respondent-Appellant
and
DESHAWN LYONS,1
Respondent.
Before: O’Connell, P.J., and Bandstra and Donofrio, JJ.
MEMORANDUM.
Respondent, Beatrice Desandre, appeals as of right from the trial court order terminating
her parental rights to the minor children under MCL 712A.19b(3)(c)(i) (conditions of
adjudication continue to exist), (g) (failure to provide proper care and custody), and (j) (children
will be harmed if returned to parent). Because the trial court did not clearly err in finding that
petitioner established the statutory grounds for termination of parental rights by clear and
convincing evidence and that termination was in the best interests of the children, we affirm.
The trial court’s findings of fact may not be set aside unless they are clearly erroneous,
and this Court shall give regard to the trial court’s special opportunity to judge the credibility of
witnesses who appeared before it. MCR 2.613(C).
1
The trial court also terminated respondent father’s parental rights. He is not participating in
this appeal.
-1-
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 Miller, 433 Mich 331,
337; 445 NW2d 161 (1989). The principal condition that led to adjudication was that respondent
was arrested and jailed on August 24, 2007 for delivery of cocaine and possession of marijuana
in her home, where she was living with the two minor children. The evidence established that
from the time the children were removed from her care on August 29, 2007 through the
termination hearing of December 18, 2008, respondent failed to comply with the terms of her
service plan and agreement. She did not obtain employment to support her children, she failed to
cooperate with attempts by Michigan Rehabilitative Services to assist her in finding
employment, she lived with friends instead of procuring appropriate housing for the children, she
chose not to participate fully and benefit from counseling and mental health medications, and she
completed only part of the required parenting classes.
Further, the evidence established that termination of respondent’s parental rights was in
the children’s best interests. MCL 712A.19b(5); In re Trejo, 462 Mich 341, 356-357; 612 NW2d
407 (2000). Although the children loved their mother, other testimony demonstrated that she
was unable to provide for their basic needs, such as safe and appropriate housing, food, and
clothing. Other evidence established that the children had obtained stability and permanency in
their temporary placement, and that they had the capacity to adapt to termination of their
mother’s parental rights and permanent placement elsewhere. Thus, the trial court did not err in
terminating respondent’s parental rights to the children.
Affirmed.
/s/ Peter D. O’Connell
/s/ Richard A. Bandstra
/s/ Pat M. Donofrio
-2-
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