IN RE KALIBE AUSTIN MAZZOLA MINOR
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of KALIBE AUSTIN MAZZOLA,
Minor.
DEPARTMENT OF HUMAN SERVICES,
UNPUBLISHED
December 10, 2009
Petitioner-Appellee,
v
No. 292047
Bay Circuit Court
Family Division
LC No. 07-009903-NA
AMANDA MAZZOLA,
Respondent-Appellant,
and
BRANDON LOOK,
Respondent.
Before: Beckering, P.J., and Cavanagh and M. J. Kelly, JJ.
MEMORANDUM.
Respondent Amanda Mazzola appeals as of right the circuit court’s order terminating her
parental rights to the minor child under MCL 712A.19b(3)(c)(i) and (g). Because we conclude
that there were no errors warranting relief, we affirm.
The trial court did not clearly err in finding that both statutory grounds for termination
were established by clear and convincing evidence. MCR 3.977(J); In re Trejo, 462 Mich 341,
355; 612 NW2d 407 (2000). The evidence showed that respondent remained unable to provide
proper care and custody despite receiving rehabilitative services for more than a year, during
which she failed to consistently abstain from substance abuse. Although there was no evidence
of alcohol abuse after October 2008, respondent began abusing over-the-counter cold
medications until that abuse was detected, and then subsequently attempted to self-medicate by
increasing her dosage of prescription psychotropic medication without her psychiatrist’s
authorization. Respondent also failed to resolve the psychological problems underlying her
maladaptive behavior. At the time of the termination hearing, she also had no housing, and
relied on friends or homeless shelters for lodging. The trial court did not clearly err in finding
that respondent’s continued instability and substance abuse issues prevented her from attending
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to the child’s ordinary childhood needs and his special medical needs, and that there was no
reasonable expectation that she would be able to do so within a reasonable time.
Also, considering that respondent was not in a position to adequately address the child’s
special medical needs in light of her history of substance abuse, mental illness, exposure to
domestic violence, and homelessness, the trial court did not clearly err in finding that termination
of respondent’s parental rights was in the child’s best interests. MCL 712A.19b(5); In re Trejo,
462 Mich at 356-357.
Affirmed.
/s/ Jane M. Beckering
/s/ Mark J. Cavanagh
/s/ Michael J. Kelly
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