IN RE NICHOLAS LOCRICCHIO MINOR

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STATE OF MICHIGAN COURT OF APPEALS In the Matter of NICHOLAS LOCRICCHIO, Minor. FAMILY INDEPENDENCE AGENCY, UNPUBLISHED July 14, 2000 Petitioner-Appellee, v No. 219127 Lapeer Circuit Court Family Division LC No. 97-001654-NA JOHNNA LOCRICCHIO, Respondent-Appellant, and KELLY G. KNIBBE, Respondent. Before: Wilder, P.J., and Holbrook, Jr. and McDonald, JJ. MEMORANDUM. Respondent-appellant appeals by delayed leave granted from a family court order terminating her parental rights to the minor child pursuant to MCL 712A.19b(3)(c)(i); MSA 27.3178(598.19b)(3)(c)(i). We affirm. The claim alleged in the initial petition was of the class that the trial court was authorized to adjudicate and was not clearly frivolous, thereby establishing the court’s subject-matter jurisdiction over the proceeding. In re Hatcher, 443 Mich 426, 444; 505 NW2d 834 (1993). Respondent’s arguments on appeal involve challenges to the court’s exercise of jurisdiction. Id. Pursuant to In re Hatcher, respondent was required to raise these issues in a direct appeal of the jurisdictional decision and may not now collaterally attack the court’s exercise of jurisdiction in this appeal from the order terminating her parental rights. Id.; see also In re Powers, 208 Mich App 582, 587-588; 528 NW2d 799 (1995). Affirmed. -1­ /s/ Donald E. Holbrook, Jr. /s/ Gary R. McDonald /s/ Kurtis T. Wilder -2­

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