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211 Mich. App. 155

535 N.W.2d 220

In Re Bechard

Michigan Court of Appeals

Decided May 23, 1995

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Michigan Court of Appeals · decided 1995-05-23

Decided 1995-05-23

Griffin, J.

¶1(dissenting). I respectfully dissent. Respondent appeals by leave granted an August 3, 1993, dispositional order of the probate court terminating his parental rights to six children. Respondent is currently incarcerated in a correctional facility serving a sentence of five to fifteen *162years for criminal sexual conduct, second degree, involving a minor daughter.

¶2In this appeal, respondent attempts to collaterally attack alleged errors committed during a February 11, 1993, adjudication hearing. Although respondent has not appealed the February 11, 1993, preliminary disposition order of the probate court, he now seeks reversal of the termination order on the basis of alleged errors committed at the prior hearing.

¶3The majority recognizes that In re Hatcher, 443 Mich 426; 505 NW2d 834 (1993), "stands for the proposition that the probate court’s exercise of its jurisdiction is not subject to collateral attack.” Ante, p 159. Nevertheless, the majority attempts to distinguish Hatcherand proceeds to reverse the termination order on the basis of errors committed at the preliminary hearing. In my view, the collateral attack prohibited by Hatcherhas been permitted by the majority.

¶4Pursuant to Hatcher, I would not allow respondent to litigate alleged errors in the probate court’s assumption of jurisdiction. With respect to the issues that are properly before this Court, I find none to have merit. I would affirm.

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