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IN RE HAAN AND ARNDT MINORS
State: Michigan
Court: Court of Appeals
Docket No: 208205
Case Date: 09/18/1998
Preview:STATE OF MICHIGAN COURT OF APPEALS
__________________________________________ In the Matter of LAURA HAAN, BRETT HAAN, ROBERT ARNDT, JR., NICOLE ARNDT, and CHRISTOPHER ARNDT, Minors.

FAMILY INDEPENDENCE AGENCY, Petitioner-Appellee, v LEISA ARNDT, Respondent-Appellant, and DARRELL HAAN and ROBERT ARNDT, Respondents.

UNPUBLISHED September 18, 1998

No. 208205 Kent Juvenile Court LC No. 85-001732 NA

Before: Saad, P.J., and Jansen and Hoekstra, JJ. PER CURIAM. Respondent-appellant appeals as of right from a juvenile court order terminating her parental rights to Robert Arndt, Jr., Nicole Arndt and Christopher Arndt,1 under MCL 712A.19b(3)(b)(ii), (c)(i) and (g); MSA 27.3178(598.19b)(3)(b)(ii), (c)(i), and (g). We affirm. We find no clear error in the juvenile court's finding that the statutory grounds for termination were established by clear and convincing evidence. MCR 5.974(I); In re Miller, 433 Mich 331, 337; 445 NW2d 161 (1989). The evidence, as a whole, showed that the conditions that led to the adjudication continued to exist, that there was a reasonable likelihood that the children would be injured if returned to respondent-appellant's care, and that respondent-appellant was not reasonably likely to be able to provide proper care and custody within a reasonable time considering the ages of the

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children. The juvenile court found that respondent's progress in therapy was "very marginal" and that her "prognosis for benefitting [sic] in a reasonable time is poor." Given the mother's long-term history of alcoholism and failure to protect her children and provide for their needs, we cannot say that this finding was clearly erroneous. Further, respondent-appellant failed to show that termination of her parental rights was clearly not in the children's best interests, under the circumstances of this case. MCL 712A.19b(5); MSA 27.3178(598.19b)(5); MCR 5.974(E)(2); In re Hall-Smith, 222 Mich App 470, 472-473; 564 NW2d 156 (1997). Thus, the juvenile court did not err in terminating respondent-appellant's parental rights. Affirmed. /s/ Henry William Saad /s/ Kathleen Jansen /s/ Joel P. Hoekstra
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The petition was amended below so as not to request termination of the mother's rights as to the Haan minors.

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