IN RE LEGGETT/GREEN/WASHINGTON/CLAY MINORS
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of DOMINIQUE LEGGETT,
ELIZABETH GREEN, VANESSA WASHINGTON,
DONNELL CLAY, REBECCA CLAY and CARRIE
CLAY, Minors.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
June 23, 2000
Petitioner-Appellee,
v
No. 217684
Oakland Circuit Court
Family Division
LC No. 86-044823-NA
SONYA LEGGETT,
Respondent-Appellant,
and
TYRONE CLAY,
Respondent.
Before: Hoekstra, P.J., and Holbrook, Jr., and Zahra, JJ.
PER CURIAM.
Respondent-mother appeals as of right from a family court order terminating her parental rights
to the minor children under MCL 712A.19b(3)(b)(ii), (c)(i), (g), and (j); MSA
27.3178(598.19b)(3)(b)(ii), (c)(i), (g), and (j). We affirm.
Respondent-mother argues that the family court erred in terminating her parental rights because
the statutory grounds were not established, and because she presented clear and convincing evidence
that termination was not in the best interests of the minor children. We disagree. We review the family
court’s termination decision “in its entirety for clear error.” In re Boursaw, 239 Mich App 161, 169;
607 NW2d 408 (2000).
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Respondent-mother’s argument that the evidence presented was insufficient to support the
court’s finding that termination was warranted under MCL 712A.19b(3)(b)(ii), (c)(i), (g), and (j); MSA
27.3178(598.19b)(3)(b)(ii), (c)(i), (g), and (j), is predicated on her assertion that the family court relied
only on the testimony of the children’s foster care caseworker. The record, however, does not support
this assertion. We also reject respondent-mother’s claim that the trial court erred because the foster
care worker lacked credibility. Credibility issues are for the trial court, who has the unique opportunity
to assess the witnesses’ credibility when they testify. MCR 2.613(C).
Further, respondent-mother fails to cite any authority in support of her argument that, under the
circumstances, the FIA provided inadequate assistance to prevent removal and to reunite the family. In
re Futch, 144 Mich App 163, 166; 375 NW2d 375 (1984). In any event, the record clearly shows
that respondent-mother was provided with adequate assistance, which she chose not to avail herself of.
Additionally, the record establishes that respondent-mother had been involved in abusive
personal relationships that had adversely affected the welfare of the children. There is also evidence that
respondent-mother in incapable of putting the needs of her children before those of her abusive romantic
partners. The evidence further shows that she failed to act appropriately during visitations, failed to
comply with required drug screens, failed to complete parenting classes, and failed to provide a
legitimate plan to care for her children. Accordingly, we conclude that the family 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).
We also reject respondent-mother’s argument that the family court erred in finding that
termination was not contrary to the best interests of the children. MCL 712A.19b(5); MSA
27.3178(598.19b)(5); In re Boursaw, supra at 180. Acknowledging the importance of the child
parent relationship, we nonetheless believe that the record supports the conclusion that the best interests
of the children are served by termination of respondent-mother’s parental rights. In re Boursaw, supra
at 180.
Finally, we decline to address respondent-appellant’s claim that the trial judge was biased
because respondent-mother failed to move for disqualification of the trial judge pursuant to MCR
2.003(C)(1). See In re Jackson, 199 Mich App 22, 29; 501 NW2d 182 (1993); Kroll v Crest
Plastics, Inc, 142 Mich App 284, 291; 369 NW2d 487 (1985).
Affirmed.
/s/ Joel P. Hoekstra
/s/ Donald E. Holbrook, Jr.
/s/ Brian K. Zahra
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