IN RE LANIER/MCBRIDE-LANIER MINORS
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of S.M.L., J.R.M.L. and A.L., Minors.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
July 9, 2002
Petitioner-Appellee,
V
No. 234410
Wayne Circuit Court
Family Division
LC No. 98-362760
LATRICIA LANIER,
Respondent-Appellant,
and
JAMES ANTHONY MCBRIDE, SHAWN WHITE
and BROVIA EVANS,
Respondents.
Before: Hood, P.J., and Saad and E. M. Thomas,* JJ.
MEMORANDUM.
Respondent-appellant appeals as of right the March 29, 2001 order terminating her
parental rights to the minor children pursuant to MCL 712A.19b(3)(c)(i), (g) and (j). We affirm.
We decide this case without oral argument pursuant to MCR 7.214(E)(1)(b).
The trial court did not clearly err in finding that the statutory grounds were met by clear
and convincing evidence. In re Trejo Minors, 462 Mich 341, 356-357; 612 NW2d 407 (2000); In
re Miller, 433 Mich 331, 337; 445 NW2d 161 (1989); In re McIntyre, 192 Mich App 47, 50; 480
NW2d 293 (1993); MCR 5.974(I). Petitioner-appellee established that respondent-appellant’s
substance abuse and lifestyle instability interfered with her ability to care for her children, and
that respondent-appellant had failed to resolve these problems during the two and a half years of
her children’s temporary wardship. We find no merit to respondent-appellant’s arguments that
the trial court erroneously relied on lab reports of positive and adulterated drug screens, and on
the testimony of a caseworker who did not file the termination petition. Respondent-appellant
* Circuit judge, sitting on the Court of Appeals by assignment.
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failed to cite any authority in support of her claims that this evidence was improper, so these
issues are consequently waived. Caldwell v Chapman, 240 Mich App 124, 132; 610 NW2d 624
(2000). Furthermore, these issues relate to the weight and credibility of the evidence rather than
to its admissibility. This Court recognizes that the trial court, while not infallible, is in a better
position to weigh evidence and evaluate a witness' credibility. Fletcher v Fletcher, 229 Mich
App 19, 28; 581 NW2d 11 (1998). Because the evidence did not establish that termination was
not in the minor children’s best interests, Trejo, supra 462 Mich 353; 712A.19b(5), the trial court
did not err in ordering termination.
Affirmed.
/s/ Harold Hood
/s/ Henry William Saad
/s/ Edward M. Thomas
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