IN RE CARPENTER/GIBSON MINORS
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of T.C. and D.G., Minors.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
July 12, 2002
Petitioner-Appellee,
v
No. 235285
Ionia Circuit Court
Family Division
LC No. 00-000060-NA
SAMANTHA GIBSON,
Respondent-Appellant,
and
DONALD GIBSON,
Respondent.
Before: Hood, P.J., and Saad and E. M. Thomas*, JJ.
MEMORANDUM.
Respondent-appellant appeals as of right from the trial court order terminating her
parental rights to the minor children under MCL 712A.19b(3)(c)(ii), (g) and (j). We affirm.
The trial court did not clearly err in ordering petitioner to file a petition for termination
within forty-two days of the permanency planning hearing where at that hearing the trial court
concluded that return of the children to the parent would cause a substantial risk of harm to the
children, and no evidence was presented that proceeding with termination was against the
children’s best interests. MCL 712A.19a(4) and (5); MCR 5.973(C)(4)(b) and (c).
Furthermore, the trial court did not clearly err in terminating respondent’s parental rights
to the children pursuant to MCL 712A.19b(3)(c)(ii). Although respondent asserted that she was
not given a reasonable opportunity to rectify conditions causing the children to come under the
trial court’s jurisdiction because she was under doctor’s orders for bed rest for six months, the
evidence was clear and convincing that respondent had ample opportunity to rectify the
* Circuit judge, sitting on the Court of Appeals by assignment.
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conditions and was not invested in compliance. MCR 5.974(I).
337; 445 NW2d 161 (1989).
In re Miller, 433 Mich 331,
Affirmed.
/s/ Harold Hood
/s/ Henry William Saad
/s/ Edward M. Thomas
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