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STATE OF MICHIGAN
COURT OF APPEALS

In the Matter of THOMAS JOHN GALLAGHER, IV, Minor.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellee, v MARY ANN NOWAK, Respondent-Appellant, and THOMAS J. GALLAGHER, III, Respondent.

UNPUBLISHED July 24, 2007

No. 275903 Bay Circuit Court Family Division LC No. 06-009220-NA

Before: Murphy, P.J., and Talbot and Servitto, JJ. PER CURIAM. Respondent Mary Ann Nowak (respondent) appeals as of right the trial court order terminating her parental rights to the minor child pursuant to MCL 712A.19b(3)(g) and (j). Respondent Thomas Gallagher has not appealed the termination of his parental rights to the child. We affirm. The trial court may terminate a parent's parental rights to a child if the court finds that the petitioner has proven one of the statutory grounds for termination by clear and convincing evidence. MCL 712A.19b(3); In re Trejo Minors, 462 Mich 341, 350; 612 NW2d 407 (2000). "If the court finds that there are grounds for termination of parental rights, the court shall order termination of parental rights . . ., unless the court finds that termination of parental rights to the child is clearly not in the child's best interests." MCL 712A.19b(5); see also Trejo, supra at 350. "The clearly erroneous standard shall be used in reviewing the court's findings on appeal from an order terminating parental rights." MCR 3.977(J). The review for clear error applies to both the trial court's decision that a ground for termination of parental rights was proven by clear and convincing evidence and the court's ruling regarding the child's best interests. In re JK, 468 -1-


Mich 202, 209; 661 NW2d 216 (2003). The trial court's determination to terminate parental rights is clearly erroneous if, although there is evidence to support it, the reviewing court is left with a definite and firm conviction that a mistake had been made on consideration of all the evidence. Id. at 209-210. MCL 712A.19b(3)(g) provides for termination when "[t]he parent, without regard to intent, fails to provide proper care or custody for the child and there is no reasonable expectation that the parent will be able to provide proper care and custody within a reasonable time considering the child's age." MCL 712A.19b(3)(j) provides for termination when "[t]here is a reasonable likelihood, based on the conduct or capacity of the child's parent, that the child will be harmed if he or she is returned to the home of the parent." Respondent argues that the trial court erred in finding that there was clear and convincing evidence to support termination under MCL 712A.19b(3)(c), (g), (h), and (i). However, as indicated above, and as reflected in the order terminating parental rights and the transcript of the trial court's ruling from the bench, the court terminated respondent's parental rights under MCL 712A.19b(3)(g) and (j), not subsections (c), (h), and (i). Accordingly, respondent's argument that the two-year period in

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