IN RE I R GONZALES MINOR (Memorandum)

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STATE OF MICHIGAN COURT OF APPEALS UNPUBLISHED April 3, 2012 In the Matter of I. R. GONZALES, Minor. No. 306565 Monroe Circuit Court Family Division LC No. 10-021836-NA Before: BORRELLO, P.J., and BECKERING and GLEICHER, JJ. MEMORANDUM. Respondent D. Gonzales appeals as of right from a circuit court order terminating his parental rights to the minor child pursuant to MCL 712A.19b(3)(c)(i), (g), and (j). For the reasons set forth herein, we affirm. The child became a temporary court ward after the mother entered a plea of admission to certain allegations against her. Both parents were directed to comply with a case service plan. Based on respondent s failure to benefit from services, petitioner filed a supplemental petition for termination of his parental rights, which the trial court granted after a hearing. Respondent argues on appeal that the trial court erred in denying him a jury trial on the issue of jurisdiction. We conclude that this issue is not properly before this Court. It is wellsettled that the trial court s exercise of jurisdiction cannot be challenged in a collateral attack on appeal from the termination decision. In re Hatcher, 443 Mich 426, 444; 505 NW2d 834 (1993). Where, as here, termination is not ordered at the initial dispositional hearing, the trial court s decision to exercise jurisdiction can only be challenged by direct appeal from the order of disposition. MCR 3.993(A); In re SLH, AJH, & VAH, 277 Mich App 662, 668-670; 747 NW2d 547 (2008); In re Bechard, 211 Mich App 155, 159; 535 NW2d 220 (1995); In re Powers, 208 Mich App 582, 587-588; 528 NW2d 799 (1995). Respondent did not file an appeal challenging the trial court s exercise of jurisdiction pursuant to the mother s plea until termination of his parental rights was ordered. Consequently, the present appeal is an improper collateral attack on the trial court s exercise of jurisdiction and, accordingly, is not properly before this Court. Affirmed. /s/ Stephen L. Borrello /s/ Jane M. Beckering /s/ Elizabeth L. Gleicher -1-

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