IN RE STEWART/LEGETTE MINORS
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of JYWANNA DENISE STEWART,
JAMES ANTHONY STEWART, and DUWAYNE
ANTONIO LEGETTE, Minors.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
February 27, 2001
Petitioner-Appellee,
v
No. 224443
Wayne Circuit Court
Family Division
LC No. 95-328160
WANDA DENISE LEGETTE,
Respondent-Appellant,
and
JAMES STEWART,
Respondent.
Before: Smolenski, P.J., and Jansen and Fitzgerald, JJ.
MEMORANDUM.
Respondent-appellant Wanda Legette appeals as of right from an order terminating her
parental rights to the minor children pursuant to MCL 712A.19b(3)(a)(i), (c)(i), (g) and (j); MSA
27.3178(598.19b)(3)(a)(i), (c)(i), (g) and (j). We affirm.
In a termination hearing, the petitioner bears the burden of demonstrating a statutory basis
for termination by clear and convincing evidence. MCR 5.974(F)(3). The petitioner need only
establish one statutory ground for termination. In re Trejo Minors, 462 Mich 341, 360; 612
NW2d 407 (2000). This Court reviews for clear error the trial court’s decision that a ground for
termination has been proven by clear and convincing evidence. Id. at 356-357; MCR 5.974(I).
“A finding is ‘clearly erroneous’ [if] although there is evidence to support it, the reviewing court
on the entire evidence is left with the definite and firm conviction that a mistake has been made.”
In re Miller, 433 Mich 331, 337; 445 NW2d 161 (1989), quoting In re Riffe, 147 Mich App 658,
671; 382 NW2d 842 (1985).
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We do not believe that the lower court clearly erred in terminating appellant’s parental
rights. Appellant admitted smoking marijuana laced with cocaine while pregnant with James,
and both James and Jywanna had cocaine in their systems at birth. Although the lower court
ordered appellant to submit to a drug abuse assessment and to provide random drug screens,
appellant failed to comply. The record also supports a finding that appellant lacked suitable
housing for the children. Finally, appellant failed to exercise consistent visitation with the two
older children while they were placed in foster care. Accordingly, we conclude that the lower
court properly found clear and convincing evidence that a statutory basis for termination existed.
Affirmed.
/s/ Michael R. Smolenski
/s/ Kathleen Jansen
/s/ E. Thomas Fitzgerald
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