IN RE SEAN JOHN JOSEPH VIXAMAR MINOR
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of SJJV, Minor.
DEPARTMENT OF HUMAN SERVICES,
UNPUBLISHED
May 20, 2010
Petitioner-Appellee,
v
No. 294498
Muskegon Circuit Court
Family Division
LC No. 09-038709-NA
CHERI LEWIS,
Respondent-Appellant.
Before: MARKEY, P.J., and ZAHRA and GLEICHER, JJ.
MEMORANDUM.
Respondent appeals by right the circuit court’s order terminating her parental rights to the
minor child pursuant to MCL 712A.19b(3)(l). We affirm.
Respondent does not dispute that § 19b(3)(l) was established by clear and convincing
evidence. She contends only that the trial court erred in finding that termination of her parental
rights was in the child’s best interests. MCL 712A.19b(5). We disagree. Although the evidence
showed that respondent was making an effort to turn her life around by participating in services,
the evidence also showed that respondent had a long-term substance abuse problem that had only
been in remission for two months. A psychological evaluation indicated that respondent could
not independently care for a child. Respondent lacked the financial resources to support herself
and the child and did not attend the hearing to express an interest in her child. The child had
been removed from respondent’s custody shortly after birth and was only three months old at the
time of the termination hearing. Under the circumstances, the trial court did not clearly err in
finding that termination of respondent’s parental rights was in the child’s best interests. In re
Trejo, 462 Mich 341, 356-357; 612 NW2d 407 (2000); MCR 3.977(J).
We affirm.
/s/ Jane E. Markey
/s/ Brian K. Zahra
/s/ Elizabeth L. Gleicher
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