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STATE OF MICHIGAN
COURT OF APPEALS

In the Matter of TATAYANNA LASHAY CONLEY and JAMARCUS JERMAINE SMITH, JR., Minors.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellee, v LAQUANA CONLEY, Respondent-Appellant.

UNPUBLISHED December 6, 2007

No. 277338 Oakland Circuit Court Family Division LC No. 05-712914-NA

Before: Schuette, P.J., and Borrello and Gleicher, 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) and (g). For the reasons set forth in this memorandum, we affirm. Respondent does not dispute the trial court's determination that the statutory grounds for termination were established by clear and convincing evidence. Once a ground for termination is established, the court must order termination of parental rights unless the evidence on the whole record clearly shows that termination is not in the child's best interests. MCL 712A.19b(5); In re Trejo, 462 Mich 341, 354; 612 NW2d 407 (2000). The evidence showed that respondent denied the existence of a substance abuse problem despite positive screens for cocaine and alcohol. Respondent's failure to comply with the substance abuse goals indicated that she would present a continued risk of harm to the children should they be returned to her custody and that continued risk was not outweighed by respondent's love for the children and improvement in certain areas such that termination was clearly contrary to the children's best interests. The trial court did not err in terminating respondent's parental rights to the children. Affirmed. /s/ Bill Schuette /s/ Stephen L. Borrello /s/ Elizabeth L. Gleicher

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