IN RE ARAINA JORIE INCARNATI MINOR
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of ARAINA JORIE INCARNATI,
Minor.
DEPARTMENT OF HUMAN SERVICES, f/k/a
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
November 8, 2005
Petitioner-Appellee,
v
No. 261463
Macomb Circuit Court
Family Division
LC No. 03-055251
JOSEPH INCARNATI,
Respondent-Appellant,
and
CHERI ANN INCARNATI,
Respondent.
In the Matter of ARAINA JORIE INCARNATI,
Minor.
DEPARTMENT OF HUMAN SERVICES, f/k/a
FAMILY INDEPENDENCE AGENCY,
Petitioner-Appellee,
No. 261471
Macomb Circuit Court
Family Division
LC No. 03-055251
v
CHERI ANN INCARNATI,
Respondent-Appellant,
and
JOSEPH INCARNATI,
Respondent.
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Before: Murphy, P.J., and Sawyer and Meter, JJ.
MEMORANDUM.
In these consolidated appeals, respondents appeal as of right from the order that
terminated their parental rights to the minor child pursuant to MCL 712A.19b(3)(c)(i), (g), and
(j). We affirm.
The trial court did not clearly err in finding that the statutory grounds had been
established by clear and convincing evidence. MCR 3.977(J); In re Sours, 459 Mich 624, 632;
593 NW2d 520 (1999). The minor child was born testing positive for cocaine and heroin. She
was removed from respondents’ care when she was twelve days old and placed in relative
placement, where she remained throughout the pendency of this case. Despite eighteen months
of services, respondent-mother was unable to establish that she had her drug addiction under
control. Although practically all of her random drug screens tested negative, the agency had
received information that respondent-mother may have tampered with her urine samples. In
addition, numerous family members and the foster care worker observed respondent-mother
when she was under the influence of some substance. This situation was exacerbated by the fact
that respondent-father was very passive with respect to respondent-mother’s drug use and made
few efforts to help her stop using drugs. Although he did occasionally attend NA and AA
meetings with respondent-mother, he declined requests by respondent-mother’s substance abuse
counselor to participate in that counseling and only participated in five out of sixteen sessions of
individual counseling. Given this evidence, the trial court did not clearly err in finding that
respondents had not rectified the adjudicating conditions and there was no reasonable likelihood
that they would rectify them within a reasonable time given the child’s young age, that there was
no reasonable expectation that respondents would be able to provide proper care and custody for
the child within a reasonable time given the child’s young age, and that the child would be at risk
of harm if returned to respondents’ care.
Next, a review of the whole record shows that there was little evidence regarding any
bond shared between respondents and the child, who was now a year and a half old, except to the
extent that visits were regular and appropriate. The child needed stability in her life because of
her young age and the trial court did not clearly err in finding that termination of respondents’
parental rights was not contrary to her best interests. MCL 712A.19b(5); In re Trejo Minors, 462
Mich 3341, 353, 356-357; 612 NW2d 407 (2000).
Affirmed.
/s/ William B. Murphy
/s/ David H. Sawyer
/s/ Patrick M. Meter
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