IN RE RICKI CARLA MASON MINOR
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of RCM, Minor.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
March 30, 2001
Petitioner-Appellee,
v
No. 226915
Wayne Circuit Court
Family Division
LC No. 92-304822
DELISA L. FLEMING,
Respondent-Appellant,
and
RICHARD CARL MASON,
Respondent.
Before: Markey, P.J., and Jansen and Zahra, JJ.
MEMORANDUM.
Respondent-appellant appeals by right the trial court’s order terminating her parental
rights to the minor child pursuant to MCL 712A.19b(3)(g), (i), and (j); MSA
27.3178(598.19b)(3)(g), (i), and (j). We affirm.
The court’s factual findings were supported by the evidence and, thus, were not clearly
erroneous. In re Vasquez, 199 Mich App 44, 51; 501 NW2d 231 (1993); see, also, MCR
5.974(I); In re Miller, 433 Mich 331, 337; 445 NW2d 161 (1989). Further, the trial court did not
clearly err in finding that at least one statutory ground was established by clear and convincing
evidence. In re Trejo, 462 Mich 341, 350, 352, 356-357; 612 NW2d 407 (2000). Respondentappellant has a long history of untreated drug use. Although she had been offered substance
abuse treatment several times, she has failed to address her problem. As a result, appellant’s
parental rights to six other children were terminated. With full knowledge of the consequences
of her actions, appellant again used cocaine during her pregnancy with the instant minor child
who tested positive for cocaine at birth. Appellant is unable to provide a drug-free environment
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for her child Further, the evidence did not establish that termination was clearly not in the
child’s best interests. Id. at 357. In fact, in its termination order, the court went beyond the
statutory best interest inquiry by concluding that termination was in the child’s best interests. Id.
The trial court did not err in terminating appellant’s parental rights to the child.
We affirm.
/s/ Jane E. Markey
/s/ Kathleen Jansen
/s/ Brian K. Zahra
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