IN RE SCOTT ALLEN LEWINSKI JR
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of S.A.L., JR., Minor.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
December 20, 2002
Petitioner-Appellee,
v
No. 239485
Macomb Circuit Court
Family Division
LC No. 00-050113-NA
VIRGINIA HOOPER,
Respondent-Appellant,
and
SCOTT ALLEN LEWINSKI, SR.,
Respondent.
In the Matter of S.A.L., JR., Minor.
FAMILY INDEPENDENCE AGENCY,
Petitioner-Appellee,
v
No. 239931
Macomb Circuit Court
Family Division
LC No. 00-050113-NA
SCOTT LEWINSKI,
Respondent-Appellant,
and
VIRGINIA HOOPER,
Respondent.
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Before: Owens, P.J., and Murphy and Cavanagh, JJ.
MEMORANDUM.
In these consolidated appeals, respondents appeal as of right from the family court order
terminating their parental rights to their minor child under MCL 712A.19b(3)(c)(i), (g), and (j).
We affirm. These appeals are being decided without oral argument pursuant to MCR 7.214(E).
The trial court did not clearly err in finding that the statutory grounds for termination
were established by clear and convincing evidence. See MCR 5.974(I); In re Miller, 433 Mich
331, 337; 445 NW2d 161 (1989). The evidence demonstrated that respondents did not resolve
their substance abuse or housing problems in the fifteen months their child was in foster care.
Respondent-mother further argues that she had a constitutional right to custody of her
child. Because this issue was not preserved for appellate review, we review it for clear error
affecting respondent-mother’s substantial rights. See People v Carines, 460 Mich 750, 763; 597
NW2d 130 (1999). While a parent’s right to custody of his or her children is an element of the
liberty guarantee of the Fifth and Fourteenth Amendments to the United States Constitution, that
liberty interest is lost once parental rights are terminated upon proper proof and appropriate
procedures. In the Matter of LaFlure, 48 Mich App 377, 385; 210 NW2d 482 (1973). Here,
respondent-mother’s parental rights were terminated pursuant to the procedures set forth in MCL
712A.19b. Thus, no clear error affecting her substantial rights occurred.
Finally, the trial court did not clearly err in finding that petitioner made reasonable efforts
to reunite the family. The record indicates that petitioner offered many services to the mother in
an effort to reunite the family, but that respondent-mother failed to take advantage of many of
those services.
Affirmed.
/s/ Donald S. Owens
/s/ William B. Murphy
/s/ Mark J. Cavanagh
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