IN RE BURGETTE MINORSAnnotate this Case
STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of TIMEKA BURGETTE and BIANCA
FAMILY INDEPENDENCE AGENCY,
July 10, 1998
Oakland Juvenile Court
LC No. 95-060251 NA
DAVID BURGETTE, NORMAN DEMOTT, and
Before: White, P.J., and Hood and Gage, JJ.
Respondent-appellant appeals as of right the juvenile court order terminating her parental rights
to the minor children pursuant to MCL 712A.19b(3)(c)(i) and (g); MSA 27.3178 (598.19b)(c)(i) and
(g). We affirm.
The juvenile court did not clearly 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).
A review of the record shows that the conditions that led to the adjudication continued to exist,
and there was no reasonable likelihood that the conditions would be rectified within a reasonable time
considering the age of the children. MCL 712A.19b(3)(c)(1); MSA 27.3178(598.19b)(c)(i).
Specifically, there was no likelihood that respondent's alcohol and other drug abuse problems, which led
to the original adjudication, would be rectified within a reasonable time. She never satisfied the court's
order to enter a substance abuse treatment program and follow all after care recommendations, and had
a number of relapses until a few months before the termination hearing. Even at the best interest
hearing, after the trial court had already found the statutory grounds for termination, respondent
admitted she was still using alcohol.
Respondent's inability to maintain alcohol and other drug free existence also supported the trial
court's finding that she failed to provide proper care and custody of her children. MCL
712A.19b(3)(g); MSA 27.3178(598.19b)(g).
Respondent-appellant has also failed to show that termination of her parental rights was clearly
not in the children’s best interests. MCL 712A.19b(5); MSA 27.3178(598.19b)(5); In re Hall-Smith,
222 Mich App 470; 564 NW2d 156 (1997). Thus, the juvenile court did not err in terminating
respondent-appellant’s parental rights. Id.
/s/ Helene N. White
/s/ Harold Hood
/s/ Hilda R. Gage