IN RE TAYLOR/WORKMAN MINORS

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STATE OF MICHIGAN COURT OF APPEALS UNPUBLISHED October 5, 2010 In the Matter of Matter of B. TAYLOR and C. WORKMAN, Minors. No. 297025 Jackson Circuit Court Family Division LC No. 07-005915-NA Before: BORRELLO, P.J., and JANSEN and BANDSTRA, JJ. MEMORANDUM. Respondent mother appeals by right the order of the trial court terminating her parental rights to the minor children pursuant to MCL 712A.19b(3)(c)(i), (g), and (i). We affirm. We reject respondent mother’s contention that the trial court clearly erred by finding that termination of her parental rights was in the best interests of the children. Once the petitioner has established a statutory ground for termination by clear and convincing evidence, the trial court must affirmatively find that termination is in the children’s best interests before ordering termination. MCL 712A.19b(5). In this case, the record supports the trial court’s finding that termination of respondent mother’s parental rights was in the children’s best interests. Respondent mother had a history of alcohol use, and children’s protective services had been involved with the family since 2007. Respondent mother cooperated with services in 2007 only after a petition was filed. When protective services again came to the home in March 2008, respondent mother’s response was to call someone on her cellular phone and scream and swear at them in front of the children, instead of speaking to the protective services worker. A few days later, respondent mother was arrested and left the children in the care of a 14-year-old for several days without making further arrangements for the children’s care. While respondent mother was gone, the 14-year-old had no access to a telephone or transportation, and was left without money or a way to obtain medical care for the children in their mother’s absence. After the children were removed from respondent mother’s care, it was discovered that the children were in serious need of extensive dental care as a result of diet and poor dental hygiene. Although respondent mother was offered extensive services to reunite with her children, she complied with services only briefly. She was incarcerated in the summer of 2009 for violating her probation by drinking alcohol. She told the foster care worker that she did not intend to stop drinking alcohol. At the time of the permanent custody hearing, respondent mother had not visited with the children in many months and had ceased to attend the trial -1- court’s hearings. In light of respondent mother’s almost nonexistent efforts to reunite with her children despite being provided extensive services, we conclude that ample evidence on the record supports the trial court’s finding that termination was in the best interests of the children. The trial court’s best-interests determination was not clearly erroneous. MCR 3.977(J). Affirmed. /s/ Stephen L. Borrello /s/ Kathleen Jansen /s/ Richard A. Bandstra -2-

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