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IN RE BABY BOY WYATT MINOR
State: Michigan
Court: Court of Appeals
Docket No: 278755
Case Date: 02/12/2008
Preview:STATE OF MICHIGAN
COURT OF APPEALS

In the Matter of BABY BOY WYATT, Minor.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellee, v DANIELLE M. WYATT, Respondent-Appellant, and DAVID MASON, Respondent.

UNPUBLISHED February 12, 2008

No. 278755 Wayne Circuit Court Family Division LC No. 04-429361-NA

Before: Talbot, P.J., and Cavanagh and Zahra, JJ. MEMORANDUM. Respondent-appellant Danielle M. Wyatt appeals as of right the order of the trial court terminating her parental rights to her minor child pursuant to MCL 712A.19b(3)(g), (i), and (j). We affirm. This appeal is being decided without oral argument pursuant to MCR 7.214(E). The trial court did not clearly err in finding that the cited statutory grounds for termination were established by clear and convincing evidence. MCR 3.977(J); In re Fried, 266 Mich App 535, 540-541; 702 NW2d 192 (2005). Respondent-appellant is diagnosed as suffering from paranoid schizophrenia, which she refuses to either acknowledge or treat. As a result, respondent-appellant's hostile, irrational, and delusional behavior has led her to assault others and, on occasion, to endanger herself. Respondent-appellant's treating psychiatrist opined that any child in her care would be at risk of harm. The record also demonstrates that respondentappellant's parental rights to siblings of the child were terminated previously due to her inability to care for the children as a result of her untreated mental illness. The psychiatric condition that caused respondent-appellant to be unable to adequately care for her children in the previous case still exists and precludes her ability to provide the attention and care necessary to parent this child.

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Consistent with the same clear and convincing evidence presented for the termination of respondent-appellant's parental rights, we hold that the record also supports the trial court's finding that the termination of these rights was not contrary to the best interests of the child. MCL 712A.19b(5); In re Trejo, 462 Mich 341, 354, 356-357; 612 NW2d 407 (2000). Affirmed. /s/ Michael J. Talbot /s/ Mark J. Cavanagh /s/ Brian K. Zahra

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