IN RE DONTRELL AND CRYSTAL SWANS MINORS
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of DONTRELL SWANS and
CRYSTAL SWANS, Minors.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
September 3, 1999
Petitioner-Appellee,
v
No. 216427
Ottawa Circuit Court
Family Division
LC No. 97-000209 NA
GEORGE FREEMAN,
Respondent-Appellant,
and
BRENDA SWANS,
Respondent.
Before: Markman P.J., and Saad and P. D. Houk*, JJ.
MEMORANDUM.
Respondent-appellant appeals as of right from the order terminating his parental rights to the
minor children pursuant to MCL 712A.19b(3)(g); MSA 27.3178(598.19b)(3)(g). We affirm. This
case is being decided without oral argument pursuant to MCR 7.214(E).
The failure to file the petition for termination within forty-two days of a dispositional review
hearing or permanency planning hearing as required by MCR 5.974(F)(1)(a) did not divest the trial
court of subject-matter jurisdiction in this case, nor did it deprive respondent-appellant of due process
of law. In re Kirkwood, 187 Mich App 542, 545-46; 468 NW2d 280 (1991). Moreover, we find no
* Circuit judge, sitting on the Court of Appeals by assignment.
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merit to respondent-appellant’s claim that he did not have a sufficient opportunity to provide proper
care and custody for the children.
Affirmed.
/s/ Stephen J. Markman
/s/ Henry William Saad
/s/ Peter D. Houk
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