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STATE OF MICHIGAN
COURT OF APPEALS

In the Matter of WHITTANY LYNN COATES and BRIANNA NICKOLE CONKLE, Minors.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellee, v SABRINA NICKOLE CONKLE, Respondent-Appellant.

UNPUBLISHED December 27, 2007

No. 278680 Oakland Circuit Court Family Division LC No. 05-713873-NA

Before: Murray, P.J., and Hoekstra and Wilder, JJ. MEMORANDUM. Respondent appeals as of right from a circuit court order terminating her parental rights to the minor children pursuant to MCL 712A.19b(3)(c)(i), (g), and (j). We affirm. This appeal is being decided without oral argument pursuant to MCR 7.214(E). In light of respondent's plea to the supplemental petition, the trial court did not clearly err in finding that the statutory grounds for termination had been proven by clear and convincing evidence. In re IEM, 233 Mich App 438, 450; 592 NW2d 751 (1999). Further, the trial court's best interests determination was not clearly erroneous. In re Trejo, 462 Mich 341, 354, 356-357; 612 NW2d 407 (2000); MCL 712A.19b(5). Respondent expressed little interest in Brianna; her primary concern was to maintain her parental rights to Whittany. The evidence showed that respondent and Whittany had a strong bond, although that bond had deteriorated due to the suspension of visitation. Respondent and the child were both desirous of maintaining their relationship. On the other hand, respondent had made little progress with the crucial elements of the service plan, i.e., substance abuse treatment, housing, and income, over the year and a half of court intervention. Respondent's bond with Whittany did not outweigh her failure to overcome the primary obstacles to reunification such that delaying permanency was appropriate. Because the evidence did not clearly show that termination of respondent's parental rights was not in the child's best interests, the trial court did not err in terminating respondent's parental rights. MCL 712A.19b(5); In re Trejo, supra at 356-357.

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Affirmed. /s/ Christopher M. Murray /s/ Joel P. Hoekstra /s/ Kurtis T. Wilder

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