Preview:

STATE OF MICHIGAN COURT OF APPEALS
__________________________________________ In the Matter of ROBERT W. SHARPE, Minor.

FAMILY INDEPENDENCE AGENCY, Petitioner-Appellee, v TINA SHARPE, Respondent-Appellant, and TOMAS MANSFIELD Respondent.

UNPUBLISHED January 13, 1998

No. 202288 Midland Juvenile Court LC No. 95-009297 NA

Before: Griffin, P.J., and Markman and Whitbeck, JJ. MEMORANDUM. Respondent Tina Sharpe appeals as of right from the juvenile court order terminating her parental rights to the minor child under MCL 712A.19b(3)(g) and (j); MSA 27.3178(598.19b)(3)(g) and (j). We affirm. This case is being decided without oral argument pursuant to MCR 7.214(E). We reject respondent's attempt to challenge the subject-matter jurisdiction of the juvenile court. The proceeding is of the class that the court is authorized to adjudicate and the claim stated in the complaint was not clearly frivolous. In re Hatcher, 443 Mich 426, 444; 505 NW2d 834 (1993). Respondent's arguments concerning the preliminary hearing and the adjudication are actually challenges to the juvenile court's exercise of jurisdiction. Pursuant to In re Hatcher and In re Powers, 208 Mich App 582, 587-588; 528 NW2d 799 (1995), these challenges are not properly before this Court in this appeal.

-1

The juvenile court's finding that petitioner made reasonable efforts to avoid the need for out of home placement was not clearly erroneous. In re Mitchell, 433 Mich 331, 337; 445 NW2d 161 (1989). Affirmed. /s/ Richard Allen Griffin /s/ Stephen J. Markman /s/ William C. Whitbeck

-2



Download IN RE ROBERT W SHARPE MINOR.pdf

Michigan Law