IN RE JENNINGS/MALLOY MINORS
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STATE OF MICHIGAN
COURT OF APPEALS
In re MICHAEL JENNINGS, MARCUS JENNINGS
and MARVIN MALLOY, Minors
__________________________________________
DEPARTMENT OF SOCIAL SERVICES,
UNPUBLISHED
October 10, 1997
Petitioner-Appellee,
v
No. 193167
Wayne Juvenile Court
LC No. 88-271157
YOLANDA JENNINGS,
Respondent-Appellant,
and
MICHAEL GAINES,
Respondent.
Before: Doctoroff, P.J., and Cavanagh and Saad, J.J.
MEMORANDUM.
Respondent-appellant appeals as of right from the juvenile court order terminating her parental
rights to the minor children under MCL 712A.19b(3)(b)(i), (c)(i), (g) and (j); MSA
27.3178(598.19b)(3)(b)(i), (c)(i), (g) and (j). We affirm.
The juvenile court did not err in finding that the statutory grounds for termination were
established by clear and convincing evidence. MCR 5.974(I); In re Miller, 433 Mich 331, 337; 445
NW2d 161 (1989). Further, respondent-appellant did not show that termination was not in the
children’s best interest. Thus, the juvenile court did not err in ruling that her parental rights should be
terminated. MCL 712A.19b(5); MSA 27.3178(598.19b)(5), In re Hall-Smith, 222 Mich App 470,
472-473; 564 NW2d 156 (1997).
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At the termination hearing, respondent-appellant admitted that she had not completed therapy
and that she did not have her temper or anger under control at that time, but she needed additional time
to complete therapy. However, she had not made any progress in therapy by the time of the termination
hearing. Respondent-appellant’s failure to progress in therapy regarding controlling her anger or temper
provided clear and convincing evidence to support termination of her parental rights when she physically
abused one of the children and, as a result, they were removed from her care. Given the lack of
progress made by respondent-appellant, the juvenile court did not clearly err in terminating her rights
even though she had relatives willing to care for the children. Placement of the children with relatives
while respondent-appellant continued to seek treatment was clearly not in the children’s best interests.
In re McIntyre, 192 Mich App 47, 52; 480 NW2d 293 (1991).
Affirmed.
/s/ Martin M. Doctoroff
/s/ Mark J. Cavanagh
/s/ Henry W. Saad
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