IN RE LYLE WEST JR MINOR
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of KAYLA KROUPA, Minor.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
June 10, 2003
Petitioner-Appellee,
v
No. 245905
Presque Isle Circuit Court
Family Division
LC No. 01-000025-NA
YVONNE SWOFFER,
Respondent-Appellant.
In the Matter of LYLE WEST, JR., Minor.
FAMILY INDEPENDENCE AGENCY,
Petitioner-Appellee,
v
No. 245906
Presque Isle Circuit Court
Family Division
LC No. 01-000054-NA
YVONNE SWOFFER,
Respondent-Appellant.
Before: Fitzgerald, P.J., and Hoekstra and O’Connell, JJ.
MEMORANDUM.
Respondent appeals as of right from the trial court’s order terminating her parental rights
to the minor children under MCL 712A.19b(3)(c)(ii),1 (g), and (j). We affirm.
1
Contrary to what respondent argues, the trial court’s opinion and order reflects that the court
relied on subsection (3)(c)(ii), not (3)(c)(i).
-1-
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 Trejo, 462 Mich 341,
356-357; 612 NW2d 407 (2000). Termination was warranted under these subsections because of
respondent’s unwillingness to commit to necessary counseling in order to address her mental
health issues and problems with alcohol abuse, as well as her continued inability to establish and
maintain a source of income. The court’s factual findings in support of its decision are supported
by the evidence.
We disagree with respondent’s claim that reversal is required because the court failed to
hold a permanency planning hearing in accordance with MCR 5.973(C). By agreeing to a
merged hearing below, respondent waived any claim of error in this regard. See People v
Adams, 245 Mich App 226, 240; 627 NW2d 623 (2001).
Affirmed.
/s/ E. Thomas Fitzgerald
/s/ Joel P. Hoekstra
/s/ Peter D. O’Connell
-2-
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