IN RE MIKOLAICZIK MINORS

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STATE OF MICHIGAN COURT OF APPEALS In the Matter of NOLE MIKOLAICZIK and CURTIS MIKOLAICZIK, Minors. FAMILY INDEPENDENCE AGENCY, UNPUBLISHED February 11, 2000 Petitioner-Appellee, v No. 218505 Antrim Circuit Court Family Division LC No. 98-000413-NA SUSAN MIKOLAICZIK, Respondent-Appellant, and DAVID MIKOLAICZIK, Respondent. Before: O’Connell, P.J., and Meter and T. G. Hicks*, JJ. MEMORANDUM. Respondent-appellant (“respondent”) appeals as of right from an order terminating her parental rights to two minor children under MCL 712A.19b(3)(a)(ii), (c)(i), and (g); MSA 27.3178(598.19b)(3)(a)(ii), (c)(i), and (g). We affirm. The family court did not clearly err in finding that 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). Moreover, respondent 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, 472-473; 564 NW2d 156 (1997). Thus, the family court did not err in terminating respondent’s parental rights to the children. Id. * Circuit judge, sitting on the Court of Appeals by assignment. -1­ Further, limiting our review of the record, respondent has not established any basis for relief due to alleged ineffective assistance of counsel. People v Pickens, 446 Mich 298, 338; 521 NW2d 797 (1994); In re Simon, 171 Mich App 443, 447; 431 NW2d 71 (1998). The decision of respondent’s attorney to forego presenting a closing argument was a matter of trial strategy that we will not second guess. In re Ayres, ___ Mich App ___; ___ NW2d ___ (Docket No. 216523, issued 12/7/99), slip op p 8; In re Simon, supra at 448. Moreover, respondent has failed to demonstrate that the existence of a closing argument would have changed the outcome of the case. See Pickens, supra at 314, and In re Simon, supra at 447. Affirmed. /s/ Peter D. O’Connell /s/ Patrick M. Meter /s/ Timothy G. Hicks -2­

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