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In re Davis

STATE OF MICHIGAN COURT OF APPEALS
Mar 20, 2018
No. 337901 (Mich. Ct. App. Mar. 20, 2018)

Opinion

No. 337901

03-20-2018

In re DAVIS/MOORE/TURNER, Minors.


UNPUBLISHED Wayne Circuit Court Family Division
LC No. 14-517879-NA AFTER REMAND Before: JANSEN, P.J., and CAVANAGH and GADOLA, JJ. PER CURIAM.

Following respondent's initial appeal, we remanded this matter to the circuit court for consideration of whether it was in the best interests of the minor children to terminate respondent's parental rights given the fact that the circuit court had previously failed to explicitly address whether termination was appropriate and in the best interests of the minor children given that the minor children were placed with relatives. We now affirm.

On remand, respondent's attorney noted that he had been unable to make contact with respondent and that her last known phone number was no longer in service. Respondent's attorney stated that he had been attempting to locate and make contact with respondent mother for over two months, but was unable to do so. The circuit court went on to find that CAM and JCT had been placed with family members for two years and a year-and-a-half respectively. In that time, respondent "did nothing to rectify the situation[.]" Further, the relative with whom CAM and JCT were placed was bonded to the children, as they are to her, and she is "desirous of planning for the [c]hildren long-term," meaning the likelihood of adoption was high. Further, with respect to TUD, the trial court noted that given her young age, she is in need of permanency and stability, which respondent is unable or unwilling to provide. Specifically, the trial court found that "over the course of two years [respondent] has not proven herself to have benefitted at all from any of the offered services in this matter and doesn't appear to [be] any closer to being able to parent a new child, much less the other ones she already had." The trial court concluded by finding that there was clear and convincing evidence that it was in the minor children's best interests to terminate respondent's parental rights.

Based on the foregoing, we conclude that the trial court has now adequately addressed our concerns. Further, we cannot conclude that the trial court clearly erred in its determination that a preponderance of the evidence showed that termination of respondent's parental rights was in the best interests of the minor children. In re Moss, 301 Mich App 76, 90; 836 NW2d 182 (2013). It is clear that respondent lacked the ability or the desire to properly care for the minor children, and consistently placed her own impulses before their needs. Respondent has failed to demonstrate that she would be capable of rectifying the situation, or capable of providing a permanent and stable environment, and for that reason, we conclude that termination of her parental rights was in the best interests of the minor children.

Affirmed.

/s/ Kathleen Jansen

/s/ Mark J. Cavanagh

/s/ Michael F. Gadola

In re Davis/Moore/Turner, Minors, unpublished per curiam opinion of the Court of Appeals, issued November 28, 2017 (Docket No. 337901).


Summaries of

In re Davis

STATE OF MICHIGAN COURT OF APPEALS
Mar 20, 2018
No. 337901 (Mich. Ct. App. Mar. 20, 2018)
Case details for

In re Davis

Case Details

Full title:In re DAVIS/MOORE/TURNER, Minors.

Court:STATE OF MICHIGAN COURT OF APPEALS

Date published: Mar 20, 2018

Citations

No. 337901 (Mich. Ct. App. Mar. 20, 2018)