IN RE NOAH MARTELL BINION MINOR

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STATE OF MICHIGAN COURT OF APPEALS In the Matter of NMB, Minor. FAMILY INDEPENDENCE AGENCY, UNPUBLISHED December 7, 2001 Petitioner-Appellee, V No. 231315 Wayne Circuit Court Family Division LC No. 98-362283 MICHELLE BINION, Respondent-Appellant, and DWIGHT DINKY, a/k/a DWIGHT FITZPATRICK. Respondent. Before: White, P.J., and Talbot and E.R. Post*, JJ. MEMORANDUM. Respondent-appellant (respondent) appeals as of right from the trial court order terminating her parental rights to her minor child under MCL 712A.19b(3)(c)(i), (g) and (j). We affirm. This case is being decided without oral argument pursuant to MCR 7.214(E). The trial court did not 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). Although respondent did her best to demonstrate an ability to properly care for her son, due to her limitations she was unable to do so. Further, the evidence did not show that termination of respondent’s parental rights was clearly not in the best interests of the child. MCL 712A.19b(5); In re Trejo, 462 Mich 341, 356-357; 612 NW2d 407 (2000). The trial court therefore did not err in terminating respondent’s parental rights to the child. -1- Affirmed. /s/ Helene N. White /s/ Michael J. Talbot /s/ Edward R. Post -2-

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