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STATE OF MICHIGAN COURT OF APPEALS
In the Matter of DEVIN N. GARRETT, JENA L. GARRETT, and KATELIN M. GARRETT, Minors.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellee, v MICHAEL GARRETT, Respondent-Appellant, and TONYA GARRETT, Respondent.

UNPUBLISHED September 22, 2009

No. 290687 Berrien Circuit Court Family Division LC No. 2007-000143-NA

Before: Servitto, P.J., and Fitzgerald and Bandstra, JJ. PER CURIAM. Respondent Michael Garrett appeals as of right from a trial court order terminating his parental rights to the minor children pursuant to MCL 712A.19b(3)(a)(ii) and (j). We affirm. Respondent argues that the trial court erred in finding that the statutory grounds for termination were established by clear and convincing evidence, and in finding that termination of his parental rights was in the children's best interests. We disagree. A statutory ground for termination must be proven by clear and convincing evidence. In re Trejo, 462 Mich 341, 355; 612 NW2d 407 (2000). We review the trial court's findings of fact under the clearly erroneous standard. MCR 3.977(J); In re Sours, 459 Mich 624, 633; 593 NW2d 520 (1999); In re Fried, 266 Mich App 535, 541; 702 NW2d 192 (2005). A finding is clearly erroneous if, although there is evidence to support it, this Court is left with a definite and firm conviction that a mistake has been made. In re JK, 468 Mich 202, 209-210; 661 NW2d 216 (2003). To be clearly erroneous, a decision must be more than maybe or probably wrong. In re Sours, supra at 633. Once a statutory ground for termination is established, the trial court shall order termination of parental rights if it finds that termination is in the child's best interests. -1-

MCL 712A.19b(5). The trial court's best interests decision is also reviewed for clear error. In re Trejo, supra at 356-357. We agree that the trial court clearly erred in finding that

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