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STATE OF MICHIGAN COURT OF APPEALS

UNPUBLISHED January 25, 2011 In the Matter of N. D. CROSS, Minor. No. 298245 Wayne Circuit Court Family Division LC No. 08-480062

Before: WHITBECK, P.J., and ZAHRA and FORT HOOD, JJ. PER CURIAM. Respondent mother appeals as of right from the trial court order terminating her parental rights to the minor child under MCL 712A.19b(3)(c)(i), (g), and (j). We affirm. Shortly after the child's birth, the trial court authorized the temporary custody petition, which alleged that respondent lacked housing, had been kicked out of homeless shelters because of anger issues, had a history of mental illness and psychiatric hospitalization, was placed in voluntary foster care after aging out of the system but had failed to comply with offered services, and had attempted to give her 11-day old newborn cranberry juice from a bottle. To address the concerns raised in the petition, respondent's treatment plan required that she obtain suitable housing, obtain a legal source of income, complete parenting classes, participate in individual counseling, and maintain weekly contact with the caseworker. The court additionally ordered random drug screens after a therapist reported seeing drug paraphernalia at respondent's home. After a positive screen for marijuana and missed screens, petitioner asked that respondent be referred to substance abuse counseling. Petitioner also requested a second set of parenting classes after respondent, who had completed an initial set of parenting classes, placed the one-year old child in the back seat of a car without a car seat. Evidence at trial showed that respondent had complied with some components of her treatment plan. She regularly visited the child and maintained weekly contact with the caseworker. She also participated in substance abuse therapy and complied with the mental health aspects of her plan. However, respondent did not substantially comply with other critical components of the plan. She was in the process of being evicted from her home because of complaints concerning the people she associated with in the home. She failed to provide written verification of employment. She did not substantially comply with her individual and group counseling requirement. She did not complete the second set of parenting classes ordered by the court. She did not submit drug screens on the dates requested, which, under petitioner's policy, meant that the screens not properly submitted were considered positive screens. There were also -1-

some concerns about respondent's ability to properly feed and care for the child, with the foster mother noting that the child sometimes returned from respondent's care complaining of stomach ache. The foster mother also testified that respondent transported the child in a car that lacked appropriate child safety restraints. Although respondent's substance abuse therapist did not believe respondent's parental rights should be terminated, both her caseworker and the group therapist testified that they believed that, despite wanting to care for the child, respondent lacked the skills to do so. They pointed out respondent's lack of progress in the nearly two years the child had been in the court's custody. The caseworker also testified that she did not believe that respondent would be able to parent the child even if given an additional three to six months. The psychologist who evaluated respondent also concluded that respondent's long-term prognosis was poor. The court terminated respondent's parental rights, finding that clear and convincing evidence supported termination under

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