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IN RE MYOSHE'TYI SHIREE FERGUSON MINOR
State: Michigan
Court: Court of Appeals
Docket No: 275357
Case Date: 04/26/2007
Preview:STATE OF MICHIGAN
COURT OF APPEALS


In the Matter of M.S.F., Minor.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellee, v LILLIAN GAMBLE, Respondent-Appellant.

UNPUBLISHED April 26, 2007

No. 275357 Saginaw Circuit Court Family Division LC No. 05-030025-NA

Before: Cavanagh, P.J., and Jansen and Borrello, JJ. MEMORANDUM. Respondent appeals as of right the order terminating her parental rights to her minor child under MCL 712A.19b(3)(c)(i) and (g). We affirm. A petitioner must establish at least one statutory ground for termination of parental rights by clear and convincing evidence. In re JK, 468 Mich 202, 210; 661 NW2d 216 (2003). We must affirm a lower court's decision if there was clear and convincing evidence of any statutory ground, regardless whether the lower court erred in finding sufficient evidence under other statutory grounds. In re Sours, 459 Mich 624, 640-641; 593 NW2d 520 (1999). In the present case, petitioner offered sufficient evidence that respondent had not rectified the conditions that led to adjudication and was not likely to within a reasonable time, MCL 712A.19b(3)(c)(i). We defer to the trial court's ability to determine respondent's credibility when she claimed she only tested positive for marijuana because she was trapped in a car with a smoker. See In re Miller, 433 Mich 331, 337; 445 NW2d 161 (1989). Respondent's therapist testified that respondent admitted she smoked marijuana a month earlier, and respondent explained that she initially believed only cocaine was a problem. Respondent waited so long to start making progress that even her abstention from cocaine was not well-established at the time of termination. See In re CR, 250 Mich App 185, 195-196; 646 NW2d 506 (2002). Further, respondent was unemployed and financially dependent on a fianc
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