IN RE ROBERT METZGER MINOR
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of R.M., Minor.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
October 29, 2002
Petitioner-Appellee,
v
No. 239167
Shiawassee Circuit Court
Family Division
LC No. 00-009404-NA
RALPH HORTON,
Respondent-Appellant,
and
JACQUELINE METZGER,
Respondent.
Before: Hoekstra, P.J., and Wilder and Zahra, JJ.
MEMORANDUM.
Respondent Horton appeals by right from a circuit court order terminating his parental
rights to the minor child. We affirm.
When respondent appeared for the hearing on the supplemental petition seeking
termination of his parental rights, he agreed to enter a plea of no contest to the petition, following
which the court entered an order terminating his parental rights. Respondent now challenges the
procedure and lack of specific findings by the trial court.
Respondent does not dispute the court’s right to take a plea to a supplemental petition for
termination. However, he contends that the court erred in failing to comply with the procedure
set forth in MCR 5.971(B). We disagree. MCR 5.971 by its terms governs pleas of admission or
no contest to the court’s jurisdiction over the child. The court’s jurisdiction over the child was
not at issue and thus the court rule was inapplicable.
Respondent also contends that the court erred in terminating his parental rights because it
failed to make findings of fact establishing a statutory basis for termination of his parental rights
or that termination was in the child’s best interests. By entering a no contest plea, respondent
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consented to the termination of his parental rights, and thus the court was not required to make
specific findings. In re Toler, 193 Mich App 474, 477; 484 NW2d 672 (1992). Therefore, any
error in the court’s order as to the specific allegations in the petition supporting termination was
harmless.
Affirmed.
/s/ Joel P. Hoekstra
/s/ Kurtis T. Wilder
/s/ Brian K. Zahra
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