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STATE OF MICHIGAN
COURT OF APPEALS


In the Matter of NEVAEH BUCK, Minor.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellee, v AMANDA HITCHCOCK, Respondent-Appellant.

UNPUBLISHED August 8, 2006

No. 268073 Clinton Circuit Court Family Division LC No. 05-018276-NA

Before: Cavanagh, P.J., and Smolenski and Talbot, JJ. PER CURIAM. Respondent appeals as of right from the trial court order terminating her parental rights to the minor child under MCL 712A.19b(3)(g) and (j). We affirm. In July 2003, respondent's older daughter, Christine, was sexually assaulted in Ohio, and the Ohio court took the child into its temporary custody. Although the child was originally placed with respondent, she was removed from respondent's care in October 2003 following evidence that the child was also physically abused. Respondent failed to participate in services offered by Ohio authorities. She failed to maintain suitable and stable housing. In December 2004, respondent informed her Ohio caseworker that she wanted to release her parental rights to Christine. A permanent custody petition was filed, but the termination trial was adjourned on several occasions because respondent could not be located. In July 2005, respondent, then living in Michigan, tested positive for cocaine use while seven months pregnant with Nevaeh. At the time Nevaeh was born, respondent was living with the child's father, Alan Buck, and Alan's mother, Dawn Buck, who had a prior drug conviction and whose children had been subject to child custody proceedings because of her drug use and neglect. Based on the Ohio child custody proceedings concerning Christine, the concerns raised by respondent's drug use during her pregnancy, and her residence with Ms. Buck, petitioner filed a permanent custody petition seeking termination of respondent's parental rights to Nevaeh. At trial, the Ohio caseworker for Christine testified regarding respondent's failure to protect Christine from sexual and physical abuse, maintain housing, comply with offered services, or visit Christine more than twice in the two years the child was in foster care. -1-


Evidence was also presented of respondent's failure to secure stable housing while she was pregnant with Nevaeh despite receiving social security disability payments. The psychological evaluation found respondent had many disorders and recommended termination of her parental rights. Although respondent's therapist, who had counseled her for six sessions at the time of his testimony, testified that respondent had stopped using drugs, he admitted that he had not required respondent to submit drug screens to verify her drug use status. He also agreed that a person would have to be sober for a year before she would be deemed fairly stable in her sobriety and abstinence. The trial court concluded that the evidence supported termination of respondent's parental rights under

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