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STATE OF MICHIGAN
COURT OF APPEALS


In the Matter of JAYNIA LYNN VANLANHAM, Minor.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellee, v SHARICE VANLANHAM, Respondent-Appellant, and LARRY WASHINGTON, Respondent.

UNPUBLISHED May 6, 2008

No. 282767 Saginaw Circuit Court Family Division LC No. 07-029900-NA

Before: White, P.J., and Hoekstra and Smolenski, JJ. MEMORANDUM. Respondent Sharice Vanlanham appeals as of right from the trial court order terminating her parental rights to the minor child under MCL 712A.19b(3)(i), (l), and (m). We affirm. Respondent argues that petitioner did not make reasonable efforts to work with her and provide services to reunite her with her child. However, petitioner was not required to make reasonable efforts to work with respondent toward reunification because petitioner sought termination at the initial dispositional hearing based on respondent's prior terminations of parental rights to three older children. MCR 3.977(E); MCL 712A.19b(4). Nevertheless we find that petitioner made reasonable efforts since respondent had been offered services almost continually since 2004. Even after Jaynia was taken out of respondent's care, petitioner continued to refer respondent to parenting programs, counseling, and substance abuse treatment. The trial court also did not clearly err in finding that the statutory grounds for termination were established by clear and convincing evidence. MCR 3.977(J); In re Miller, 433 Mich 331, 337; 445 NW2d 161 (1989). Further, the evidence did not show that the child's best interests precluded termination of respondent's parental rights. MCL 712A.19b(5); In re Trejo Minors, 462 Mich 341, 356-357; 612 NW2d 407 (2000). The minor child tested positive for marijuana at -1-


birth and was removed from respondent's care as a newborn infant. Respondent had not sought prenatal care when pregnant with the child and did not have adequate housing or income to support the child. Respondent's abusive relationship with Larry Washington, the child's father, continued until about ten days before Jaynia's birth, when Washington was arrested and jailed. Washington had physically attacked respondent when she was pregnant with another daughter, for which he was convicted of domestic violence. These conditions existed at the time of Jaynia's birth, despite the multitude of services that petitioner had made available to respondent since 2004. Respondent had been involved with petitioner when three of her other children were taken into the trial court's custody and her parental rights to them terminated voluntarily and involuntarily. Respondent had physically abused one of her children and was convicted of domestic violence. The evidence that respondent was still using drugs, was still involved with Washington, and still did not have adequate housing or income provided clear and convincing evidence that prior attempts to rehabilitate respondent were unsuccessful. The trial court properly concluded that the evidence supported termination of respondent's parental rights and that termination was not clearly contrary to the child's best interests. Affirmed.

/s/ Helene N. White /s/ Joel P. Hoekstra /s/ Michael R. Smolenski

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