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STATE OF MICHIGAN COURT OF APPEALS
In the Matter of SHARDAE LAREESA HUNTER, Minor.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellee, v SHEILAMA L. HUNTER, a/k/a SHEILAMA LAREESA HUNTER, Respondent-Appellant.

UNPUBLISHED January 5, 2010

No. 291736 Wayne Circuit Court Family Division LC No. 92-300849-NA

Before: Murphy, C.J., and Jansen and Zahra, JJ. MEMORANDUM. Respondent appeals by right the order terminating her parental rights to the minor child pursuant to MCL 712A.19b(3)(g), (i), and (j). We affirm. This appeal has been decided without oral argument. MCR 7.214(E). Clear and convincing evidence existed to support the trial court's decision to terminate respondent's parental rights. MCL 712A.19b(3); In re Trejo, 462 Mich 341, 355; 612 NW2d 407 (2000). Respondent has had eight prior terminations. Her parental rights to her three oldest children were terminated after respondent failed to comply with the parent-agency agreement (PAA). Although respondent is a developmentally disabled individual and was the subject of a guardianship, it was determined that she was a trainable adult but did nothing to comply with the PAA. Respondent's parental rights to her next three children were terminated after she made no attempt to contact or communicate with the children once they were placed in foster care and failed to comply with the PAA. In addition to finding that respondent had no interest in caring for the children, the referee found that her drug involvement was "long-standing and serious" and that respondent had "evidenced no commitment to a drug treatment program." Respondent's seventh and eighth children tested positive for cocaine at birth. Respondent admitted to hospital personnel that she had no prenatal care and had used crack cocaine two or three days before the seventh child's birth. At the time her rights were terminated to each of these children, respondent's whereabouts were unknown.

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The child at issue in this case, Shardae, was born prematurely at 33 weeks and had special needs, including a skin condition and holes in her heart. Again, respondent admitted to using drugs throughout her pregnancy, including crack cocaine. Although respondent indicated a desire to care for Shardae, her history of drug abuse and prior terminations indicated that she was simply not in a position to do so. Respondent argues that petitioner failed to show that she was currently abusing drugs. However, respondent used drugs during her last three pregnancies and prior attempts at rehabilitation had failed. She had no housing and limited income. She was simply not in a position to care for herself or anyone else. Further, it was in Shardae's best interests to terminate respondent's parental rights. MCL 712A.19b(5). Shardae was born prematurely and had special needs. Respondent had proven that she was incapable of parenting even her children without special needs. Again, respondent's history of drug abuse was extensive and there was simply no indication that she would alleviate the problem in the near future. Affirmed. /s/ William B. Murphy /s/ Kathleen Jansen /s/ Brian K. Zahra

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