IN RE TIFFANY DEATON MINOR

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STATE OF MICHIGAN COURT OF APPEALS In the Matter of TIFFANY DEATON, Minor. FAMILY INDEPENDENCE AGENCY, UNPUBLISHED December 9, 2004 Petitioner-Appellee, v No. 255917 Arenac Circuit Court Family Division LC No. 03-008417-NA CHRISTINA DEATON, Respondent-Appellant. Before: Markey, P.J., and Fitzgerald and Owens, JJ. MEMORANDUM. Respondent appeals as of right from the trial court order terminating her parental rights to the minor child under MCL 712A.19b(3)(l).1 We affirm. This case is being decided without oral argument under MCR 7.214(E). The trial court did not clearly err in finding the statutory ground for termination was established by clear and convincing evidence. MCR 3.977(J); In re McIntyre, 192 Mich App 47, 50; 480 NW2d 293 (1993). Respondent admitted to the allegations in the petition indicating that her parental rights to three other children were terminated and that a sibling of the minor child died as a result of an overdose of prescription medicine while in respondent’s care. The petition was properly sought pursuant to MCL 722.638, and the admission to grounds pursuant to MCL 712A.19b(3)(l) was knowingly, understandingly, and voluntarily made. Respondent’s claim that she lacked effective assistance of counsel was not properly preserved, In re Toler, 193 Mich App 474; 484 NW2d 672 (1992), nor was it supported by the evidence on the record. Accordingly, the trial court did not err in terminating respondent’s parental rights to her child. 1 The statutory basis for termination of respondent’s parental rights was not specifically identified in the opinion and order. However, the opinion indicates that respondent had admitted to this statutory basis, which was contained in the supplemental petition for termination. -1- Affirmed. /s/ Jane E. Markey /s/ E. Thomas Fitzgerald /s/ Donald S. Owens -2-

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