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STATE OF MICHIGAN
COURT OF APPEALS

In the Matter of LASHAWNDA RENEE HAWKINS, DIAMON NICOLE HAWKINS, KENYA MONAE HAWKINS, CRYSTAL DOMINIQUE MITCHELL, and KENYETTA LEE HOWARD, Minors.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellee, v CALEETHA LASHAWN HAWKINS, FRANKLIN BATES, and DION MITCHELL, Respondents, and CALVIN LEE HOWARD, Respondent-Appellant.

UNPUBLISHED December 11, 2007

No. 278255 Wayne Circuit Court Family Division LC No. 98-371747-NA

Before: Jansen, P.J., and O'Connell and Fort Hood, JJ. PER CURIAM. Respondent Calvin Lee Howard appeals as of right from an order terminating his parental rights to his children, Kenya Monae Hawkins and Kenyetta Lee Howard under MCL 712A.19b(3)(c)(i) and (g). We affirm. Respondent argues that termination of his parental rights was not supported by a statutory ground for termination and was clearly contrary to the children's best interests. We disagree. The existence of a statutory ground for termination must be proven by clear and convincing evidence. MCR 3.977(F)(1)(b) and (G)(3); In re Miller, 433 Mich 331, 344-345; 445 NW2d 161 (1989). The trial court's findings of fact are reviewed for clear error and may be set aside only if, although there may be evidence to support them, the reviewing court is left with a definite and firm conviction that a mistake has been made. MCR 3.977(J); In re Conley, 216 Mich App 41, 42-43; 549 NW2d 353 (1996). Once a statutory ground for termination is -1-


established, "the court shall order termination of parental rights . . . unless the court finds that termination . . . is clearly not in the child's best interests." MCL 712A.19b(5). The trial court's best interests decision should be based on the whole record and is also reviewed for clear error. In re Trejo, 462 Mich 341, 353-354, 356; 612 NW2d 407 (2000). We conclude that the trial court did not clearly err in finding that

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