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STATE OF MICHIGAN
COURT OF APPEALS

In the Matter of CHRISTOPHER XAVIER TOWNSEND WIRRICK, Minor.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellee, v ALICIA MARIE GARCIA, Respondent-Appellant.

UNPUBLISHED November 14, 2006

No. 270398 Saginaw Circuit Court Family Division LC No. 05-029539-NA

Before: Fort Hood, P.J., and Murray and Donofrio, JJ. MEMORANDUM. Respondent appeals of right from the trial court order terminating her parental rights to her minor child pursuant to MCL 712A.19b(3)(c)(i), (c)(ii), (g), and (j). We affirm. This Court reviews a trial court's decision to terminate parental rights for clear error. MCR 3.977(J); In re Sours, 459 Mich 624, 633; 593 NW2d 520 (1999). The minor child was brought into care because the home that the minor child lived in with respondent was the subject of a drug raid. Marijuana, crack cocaine, and several guns and ammunition were found in the home. Respondent was 16 years old, a court ward herself, and unable to care for the minor child. Respondent argues that petitioner did not provide appropriate reunification services, considering her age. However, the evidence is clear that respondent was provided with many services and failed to follow through or take advantage of those services. Respondent was offered parenting classes, WIC coupons, Project Find, relative placement with the minor child, placement at Crittendon where she was able to get counseling, parenting classes, and education, and the services of Holy Cross to provide a foster care placement where she could stay with her son. Respondent did well when she and the minor child were placed at Crittendon, but she did not want to stay the recommended amount of time because she wanted to be closer to her family and the minor child's father. She did not follow through on making appointments to obtain services, did not follow the rules of her foster care placement, fled from the foster care placement with the minor child, and did not inform anyone of her whereabouts. The trial court did not err when it found that reasonable efforts were made to prevent removal of the minor child from respondent's custody and to keep the family together.

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The trial court also did not err in its best interests determination. MCL 712A.19b(5); In re Trejo, 462 Mich 341, 353-354; 612 NW2d 407 (2000). Respondent made many poor choices with regard to the minor child and did not take advantage of the services offered by petitioner. Respondent left the foster care home that she was living in without permission and was found almost three months later living in the same environment that originally brought the minor child into foster care. Although respondent claims that she is now ready to care for the minor child and should have been given the opportunity to do so with the help of her father, the trial court did not find respondent to be any more stable than she was when the minor child was originally brought into care. The trial court did not err when it found that there was no evidence to find that termination was not in the best interests of the minor child. Affirmed. /s/ Karen M. Fort Hood /s/ Christopher M. Murray /s/ Pat M. Donofrio

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