IN RE WINSTON MINORS

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STATE OF MICHIGAN COURT OF APPEALS In the Matter of L.R.W., M.T.W., M.D.W., and M.R.W., Minors. FAMILY INDEPENDENCE AGENCY, UNPUBLISHED December 17, 2002 Petitioner-Appellee, v No. 237374 Wayne Circuit Court Family Division LC No. 98-368036 MICHELLE RENEE WINSTON, Respondent-Appellant, and PATRICK FINLEY, TROY JONES, MICHAEL JUNO GARRETT, and CARL DOE, Respondents. Before: Owens, P.J., and Murphy and Cavanagh, 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)(i), (g), and (j). We affirm. Although respondent-appellant challenges the trial court’s determination that statutory grounds were established, the trial court accepted the stipulation of the parties that statutory grounds had been established and only took evidence regarding the best interests of the children. Therefore, the trial court did not clearly err in finding that statutory grounds for termination of respondent-appellant’s parental rights were established by clear and convincing evidence. MCR 5.974(I); In re Sours Minors, 459 Mich 624, 633; 593 NW2d 520 (1999); In re Miller, 433 Mich 331, 337; 445 NW2d 161 (1989). Furthermore, the evidence did not show that termination of respondent-appellant’s parental rights was clearly not in the children’s best interests. MCL 712A.19b(5); In re Trejo Minors, 462 Mich 341, 356-357; 612 NW2d 407 (2000). Although respondent-appellant loved her children, she did not have the capacity or ability to care for all of them and her condition would not improve. The children were adoptable, and it was in their best -1- interests to have stability and permanency and not be relegated to life in foster care. Thus, the trial court did not err in terminating respondent-appellant’s parental rights to the children. Affirmed. /s/ Donald S. Owens /s/ William B. Murphy /s/ Mark J. Cavanagh -2-

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