IN RE FREEMAN & LAMBERT MINORS

Annotate this Case
Download PDF
STATE OF MICHIGAN COURT OF APPEALS In the Matter of DAVID EDWARD FREEMAN, LINDA LEE FREEMAN, MELISSA ANN LAMBERT, JOEY BLAINE LAMBERT, JR., and CHRISTINA A. LAMBERT, Minors. DEPARTMENT OF SOCIAL SERVICES, UNPUBLISHED July 17, 1998 Petitioner-Appellee, v No. 197124 Genesee Juvenile Court LC No. 95-101569 SANDRA FAYE FREEMAN, Respondent-Appellant. Before: Murphy, P.J., and Young, Jr. and Michael R. Smith*, JJ. MEMORANDUM. Respondent appeals as of right from the order of the juvenile court terminating her parental rights to her minor children under MCL 710.29; MSA 27.3178(555.29) (direct release of parental rights). We affirm. Respondent claims that the release of her parental rights was not freely, knowingly and voluntarily made. This issue is not preserved for appeal because respondent failed to file a petition for rehearing or to set aside the release in the juvenile court. MCL 710.64; MSA 27.3178(555.64); DeBoer v Child & Family Services of Michigan, 76 Mich App 641, 645-646; 257 NW2d 200 (1977). In any event, the record establishes that respondent’s release of parental rights was executed after the court’s investigation and explanation to respondent of her legal rights and voluntary and permanent nature of relinquishing her parental rights. See In re Blankenship, 165 Mich App 706, 714; 418 NW2d 919 (1988). Respondent has not presented any evidence, nor does the record disclose, that respondent’s decision was not freely, knowingly and voluntarily made. See In re Myers, 131 Mich * Circuit judge, sitting on the Court of Appeals by assignment. -1­ App 160, 164; 345 NW2d 663 (1983); In re Kenneth Jackson, Jr., 115 Mich App 40, 51-52; 320 NW2d 285 (1982). Respondent is not entitled to revoke her release solely on the basis of a change of heart. In re Blankenship, supra at 713. Affirmed. /s/ William B. Murphy /s/ Robert P. Young, Jr. /s/ Michael R. Smith -2­