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STATE OF MICHIGAN COURT OF APPEALS
__________________________________________ In the Matter of BRITTANIE ANN BOYER and AMBER MARIE WILKINS, Minors.

FAMILY INDEPENDENCE AGENCY, Petitioner-Appellee, v JODY BOYER, Respondent-Appellant, and AARON WILKINS and SCOTT BRIDGE, Respondents.

UNPUBLISHED June 6, 1997

No. 197457 St. Clair Probate Court LC No. 94-000426

Before: Saad, P.J., and Hood and McDonald, JJ. MEMORANDUM. Respondent-appellant appeals as of right from the probate court order terminating her parental rights to the minor children pursuant to a voluntary release by respondent-appellant. We affirm. The probate court did not err in determining that it was without jurisdiction to consider respondent-appellant's petition for rehearing regarding the release of her parental rights because it was not filed within twenty-one days of entry of the termination order, MCL 710.64(1); MSA 27.3178(555.64)(1), In re Myers, 131 Mich App 160, 164; 345 NW2d 663 (1983), and because respondent-appellant had already filed a claim of appeal with this Court, MCR 7.208(A). Because respondent-appellant voluntarily released her parental rights, the probate court was not required to make a finding on whether termination was in the best interests of the children. See In re Toler, 193 Mich App 474, 478; 484 NW2d 672 (1992).

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Affirmed. /s/ Henry William Saad /s/ Harold Hood /s/ Gary R. McDonald

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