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IN RE DURALL/CULLEN MINORS
State: Michigan
Court: Court of Appeals
Docket No: 277624
Case Date: 12/11/2007
Preview:STATE OF MICHIGAN
COURT OF APPEALS

In the Matter of AUSTIN DURALL and MADISON CULLEN, Minors.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellee, v DESIREE' DURALL, Respondent-Appellant, and ERIC EVANS and MARK CULLEN, Respondents.

UNPUBLISHED December 11, 2007

No. 277624 Cheboygan Circuit Court Family Division LC No. 05-004009-NA

Before: Davis, P.J., and Murphy and Servitto, JJ. MEMORANDUM. Respondent appeals as of right from an order terminating her parental rights to the minor children pursuant to 712A.19b(3)(c)(i), (c)(ii), (g), and (j). We affirm. The trial court did not clearly err in finding that the statutory grounds for termination were established by clear and convincing evidence. In re JK, 468 Mich 202, 209-210; 661 NW2d 216 (2003); In re Trejo, 462 Mich 341, 356; 612 NW2d 407 (2000). A psychological evaluation revealed that respondent had a personality disorder and anti-social personality traits that placed her at risk for being involved in dangerous and abusive relationships. Despite respondent's participation in domestic violence counseling, the evidence showed that she was involved in another recent domestic violence incident and continued to maintain contact with the man involved in that incident. Respondent also had a history of unstable housing and her future housing situation was uncertain. Further, the evidence did not clearly show that termination of respondent's parental rights was not in the children's best interests, particularly considering Austin's special needs, which respondent had neglected to appropriately address in the past. MCL 712A.19b(5); In re Trejo,

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supra at 354. Therefore, the trial court did not err in terminating respondent's parental rights to the children. Id. at 356-357. Affirmed. /s/ Alton T. Davis /s/ William B. Murphy /s/ Deborah A. Servitto

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