IN RE SMITH/TYSON MINORS
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STATE OF MICHIGAN
COURT OF APPEALS
UNPUBLISHED
December 28, 2010
In the Matter of SMITH/TYSON, Minors.
No. 298141
Wayne Circuit Court
Family Division
LC No. 08-481034
Before: MURRAY, P.J., and HOEKSTRA and SERVITTO, JJ.
PER CURIAM.
Respondent Smith appeals as of right from the circuit court’s orders terminating her
parental rights to the minor children. We affirm.
Respondent does not dispute that statutory grounds for termination were established by
clear and convincing evidence, MCR 3.977(H)(3)(a). She argues only that termination of her
parental rights was not in the children’s best interests. We review the trial court’s decision
regarding the children’s best interests for clear error. In re Trejo, 462 Mich 341, 356-357; 612
NW2d 407 (2000); MCR 3.977(K). “A finding of fact is clearly erroneous if the reviewing court
has a definite and firm conviction that a mistake has been committed, giving due regard to the
trial court’s special opportunity to observe the witnesses.” In re BZ, 264 Mich App 286, 296297; 690 NW2d 505 (2004).
The trial court did not clearly err in finding that termination of respondent’s parental
rights was in the children’s best interests. The two older children had been in foster care in
another county and that case was closed at approximately the same time that this case was
opened in August 2008, at which time all three children were removed from respondent’s care.
Respondent initially made progress toward reunification, but that progress was impeded by her
continued substance abuse. At the time of the termination hearing in May 2010, respondent was
in the early stages of substance abuse treatment and admitted that she was not ready to take
custody of the children. There was also evidence that respondent was not always able to
demonstrate proper parenting during family visits and that, at the time the supplemental petition
for termination was filed, the two younger children did not have a significant bond to respondent.
Considering that respondent was still not in a position to take custody of the children after more
than a year and a half and the children’s need for permanency, stability, and finality, the trial
court did not clearly err in finding that termination was in the children’s best interests. In re
Gillespie, 197 Mich App 440, 446-447; 496 NW2d 309 (1992).
Respondent argues that the trial court should have considered placing the children with
her mother in lieu of termination. If a child is living with a relative at the time a supplemental
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petition for termination is filed, that is a factor to be considered in determining whether
termination is in the child’s best interests. MCL 712A.19a(6)(a); In re Mason, 486 Mich 142,
163-164; 782 NW2d 747 (2010). In this case, however, there was no evidence that the foster
family with whom the children had been placed were relatives. Nothing in the law directs a
court to refrain from ordering termination when a child could alternatively be placed with
relatives, In re Futch, 144 Mich App 163, 170; 375 NW2d 375 (1984), and if the court finds that
it is within the child’s best interests to do so, it may terminate parental rights instead of placing
the child with relatives. In re IEM, 233 Mich App 438, 453; 592 NW2d 751 (1999); In re
McIntyre, 192 Mich App 47, 52; 480 NW2d 293 (1991). In any event, respondent did not offer
her mother as a proposed custodian at the termination hearing and offered no evidence to show
that her mother was interested in taking custody of the children. Accordingly, we find no error.
Affirmed.
/s/ Christopher M. Murray
/s/ Joel P. Hoekstra
/s/ Deborah A. Servitto
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