IN RE BRITTANIE ANN BOYER MINOR
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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,
UNPUBLISHED
June 6, 1997
Petitioner-Appellee,
v
No. 197457
St. Clair Probate Court
LC No. 94-000426
JODY BOYER,
Respondent-Appellant,
and
AARON WILKINS and SCOTT BRIDGE,
Respondents.
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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