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STATE OF MICHIGAN COURT OF APPEALS

UNPUBLISHED December 21, 2010 In the Matter of S. D. FRANKLIN, Minor. No. 299113 Oakland Circuit Court Family Division LC No. 2006-717674-NA

Before: DONOFRIO, P.J., and CAVANAGH and FITZGERALD, JJ. PER CURIAM. Respondent appeals as of right from a circuit court order terminating her parental rights to the minor child (born June 1, 1996) pursuant to MCL 712A.19b(3)(b)(i), (g), and (j). We affirm. Respondent has a history of using physical discipline against the child, who was previously removed from the home in 2006. The child was removed after another incident of physical abuse and respondent's parental rights were terminated at the initial dispositional hearing. At the outset, we note that DHS properly exercised its discretion when it filed a permanent custody petition. MCL 722.638; MCR 3.977(E). Because termination of parental rights was the stated goal of DHS from the initiation of proceedings, it had no obligation to provide respondent with reunification services. To the extent that respondent claims that services to achieve reunification were not provided, her claim must fail. See In re HRC, 286 Mich App 444, 463; 781 NW2d 105 (2009); In re Terry, 240 Mich App 14, 25 n 4; 610 NW2d 563 (2000).1

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Nonetheless, the record reveals that the full range of DHS services had been provided to respondent during the pendency of the 2006 petition and that respondent had not benefited from the use of those services. She completed a 10-week parenting class and underwent individual and family counseling. Respondent acknowledged that the services provided had been "very good" and involved service providers coming to her home almost every day and social workers coming once a week, yet she continued to physically abuse the child. She testified that no -1-

Having concluded that respondent was not entitled to reunification services, we affirm the court's decision regarding the statutory grounds because respondent does not dispute that

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