IN RE MOORE/FOSTER MINORS

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STATE OF MICHIGAN COURT OF APPEALS In the Matter of A.J.M., A.K.M., D.M.M., and D.M.F., Minors. FAMILY INDEPENDENCE AGENCY, UNPUBLISHED December 20, 2002 Petitioner-Appellee, v No. 238655 Wayne Circuit Court Family Division LC No. 98-367441 CHRISTINE EARLENE FOSTER, Respondent-Appellant, and JAMES L. MOORE and BERNARD TAYLOR, 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)(a)(ii), (c)(i), (c)(ii), (g), (j), and (k)(i). We affirm. This appeal is being decided without oral argument pursuant to MCR 7.214(E). Respondent-appellant initially made much progress in this case, though she never provided suitable housing for the children. Respondent-appellant ceased visiting her children, however, from May 6, 2000, to the September 19, 2001, termination hearing. This Court has found such a failure to visit over an extended period of time to constitute abandonment. See In re TM, 245 Mich App 181, 194; 628 NW2d 570 (2001); In re Hall, 188 Mich App 217, 223-224; 469 NW2d 56 (1991). Moreover, the failure to comply entirely with the parent/agency agreement by not providing suitable housing and taking drug tests is evidence of neglect and potential harm to the children if they were returned to her. See Id. at 223-224. The trial court did not clearly 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, -1- 337; 445 NW2d 161 (1989). Further, the evidence did not show that termination of respondentappellant’s parental rights was clearly not in the children’s best interests. MCL 712A.19b(5); In re Trejo, 462 Mich 341, 356-357; 612 NW2d 407 (2000). 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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