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IN RE FLETCHER MINORS
State: Michigan
Court: Court of Appeals
Docket No: 270575
Case Date: 12/19/2006
Preview:STATE OF MICHIGAN
COURT OF APPEALS

In the Matter of ARYANNA FLETCHER and BRYANNA FLETCHER, Minors.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellee, v VENITREE JOHNSON, Respondent-Appellant, and DANIEL FLETCHER, Respondent.

UNPUBLISHED December 19, 2006

No. 270575 Berrien Circuit Court Family Division LC No. 2004-000045-NA

Before: Murphy, P.J., and Smolenski and Kelly, JJ. MEMORANDUM. Respondent-appellant appeals as of right from the trial court order terminating her parental rights to the minor children under MCL 712A.19b(3)(c)(i) and (g). We affirm. The trial court did not clearly err in terminating respondent-appellant's parental rights. MCR 3.977; In re Sours, 459 Mich 624, 633; 593 NW2d 520 (1999). There was clear and convincing evidence to support the statutory grounds for termination. In re McIntyre, 192 Mich App 47, 50; 480 NW2d 293 (1993). We reject respondent-appellant's argument that she should have been given more time to demonstrate compliance with the requirements of the case service plan. Because of respondentappellant's young age and immaturity when the children were first brought into care, the agency, the petitioner, and the guardian ad litem continually asked the court to give her more time to mature to the point where she would understand the implications and consequences of her actions and begin to comply with the requirements of the case service plan. Respondentappellant's history during this case was that she would procrastinate in setting up the initial meeting for a service, attend a few meetings or sessions sporadically, and finally either drop out completely or her file would be closed for insufficient participation. It was clear that respondent-1-


appellant had the intellectual and physical ability to comply with the requirements and place herself in the position where she could be reunited with her children. However, after two years, respondent-appellant had demonstrated by her noncompliance during each additional quarter, that, even if given additional time, she would not rectify the conditions that led to the adjudication or be able to provide care and custody for the children within a reasonable time considering the ages of the children. Affirmed. /s/ William B. Murphy /s/ Michael R. Smolenski /s/ Kirsten Frank Kelly

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