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STATE OF MICHIGAN
COURT OF APPEALS

In the Matter of ABRIANA KAYE LONG, Minor.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellee, v ASHLEY CARLOCK, Respondent-Appellant.

UNPUBLISHED April 24, 2008

No. 281284 Oakland Circuit Court Family Division LC No. 07-734062-NA

Before: Bandstra, P.J., and Fitzgerald and Markey, JJ. MEMORANDUM. Respondent appeals by right from a circuit court order terminating her parental rights to the minor child pursuant to MCL 712A.19b(3)(b)(i), (b)(ii), (g), (j), (k)(iv), and (k)(v). We affirm. Respondent's sole claim on appeal is that the trial court erred in finding that termination of respondent's parental rights was not clearly contrary to the child's best interests. MCL 712A.19b(5). We disagree. The evidence showed that the child was repeatedly abused within the home. She had bone fractures that went untreated and bruises were often observed about her body. There was evidence that respondent herself abused the child. When respondent's boyfriend beat the child nearly unconscious, respondent noticed what appeared to be painful bruises on the child, but decided to watch television rather than seek medical treatment. Respondent only tried to rouse the child because she did not want her to stay up all night, not because she was concerned about the child's welfare. The evidence did not clearly show that termination of respondent's parental rights was not in the child's best interests. In re Trejo, 462 Mich 341, 354; 612 NW2d 407 (2000). Therefore, the trial court did not clearly err in terminating respondent's parental rights. Id. at 356-357. We affirm. /s/ Richard A. Bandstra /s/ E. Thomas Fitzgerald /s/ Jane E. Markey -1-


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