IN RE CAMPBELL/IRONS MINORS

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STATE OF MICHIGAN COURT OF APPEALS In the Matter of SUMMER MICHELLE CAMPBELL and JAMES COREY IRONS, Minors. DEPARTMENT OF HUMAN SERVICES, UNPUBLISHED December 21, 2006 Petitioner-Appellee, v No. 270610 Oakland Circuit Court Family Division LC No. 05-706227-NA BEVERLY DAWN CAMPBELL, Respondent-Appellant. Before: Murphy, P.J., and Smolenski and Kelly, JJ. KELLY, J. (Concurring). I concur in the majority’s conclusion that the trial court did not clearly err in terminating respondent’s parental rights to the minor children under MCL 712A..19b(3)(b) (g), and (j). However, I do not believe the record in this case supports termination under MCL 712.A19b(i) as there was no evidence, let alone clear and convincing evidence, to establish any physical injury. However, if a trial court determines that one or more statutory grounds for termination has been established by clear and convincing evidence, the trial court must terminate respondent’s parental rights unless it determines that to do so is clearly not in the child’s best interests. In re Trejo, 462 Mich 341, 353-354; 612 NW2d 407 (2000). Accordingly, termination was proper in this case because clear and convincing evidence was produced to support termination under MCL 712A..19b(3)(b) (g), and (j). I also concur that the termination of her parental rights was not contrary to the children’s best interests. /s/ Kirsten Frank Kelly -1-

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