Reporting Suspected Child Abuse or Child Neglect

Oral or electronic report must be made to centralized intake immediately. Written report must be filed with centralized intake within 72 hours of the report unless electronic report was “made using the online reporting system and that report includes the information required in a written report[.]”

MCL 722.623(1)(a); MCL 722.623(2).

See Section 2.2(A).

Investigating Suspected Abuse, Neglect, or Exposure to or Contact with Methamphetamine Production

Report must be referred to the appropriate agency and/or an investigation must be commenced within 24 hours.

MCL 722.628(1); MCL 722.628(6); MCL 722.628(7).

See Section 2.3.

Mandatory Petitions in Cases of Severe Physical Abuse, Sexual Abuse, or Exposure to or Contact with Methamphetamine Production

The DHHS must file petition within 24 hours after determining that child was severely physically injured, sexually abused, or allowed to be exposed to or have contact with methamphetamine production. The DHHS is not required to file a petition if it determines that the parent or legal guardian is not a suspected perpetrator of the abuse and all of the following: (1) the parent or legal guardian did not neglect or fail to protect the child; (2) the parent or legal guardian does not have a historical record that shows a documented pattern of neglect or failing to protect the child; and (3) the child is safe in the parent’s or legal guardian’s care.

MCL 722.637.

See Section 7.3(A).

Contrary to Child’s Welfare Determination

Title IV-E Requirement. Court must make a contrary to the child’s welfare determination in the first court ruling that sanctions (even temporarily) a child’s removal from his or her home. If the determination is not made in the first court ruling, the child is not eligible for Title IV-E foster care maintenance payments for the duration of that stay in foster care.

See DHHS Children’s Foster Care Manual (FOM), Funding Determinations and Title IV-E Eligibility, FOM 902-1, pp 22-28, which details the judicial determinations that must be made in order to satisfy Title IV-E requirements.

42 USC 672(a);

45 CFR 1356.21(c);

MCR 3.963(B)(1)(e).

See Section 3.1(A).

Preliminary Inquiries

May be conducted at any time. There is no notice requirement.

MCR 3.962.

See Section 7.5.

Preliminary Hearings/Preadjudication Hearing on Petition for Out-of-Home Placement (child not under court jurisdiction and amended petition to remove child from home is filed, see MCR 3.974(B)(1))

Hearing must commence within 24 hours after child is taken into protective custody, excluding Sundays and holidays, unless adjourned for good cause shown, or child must be released.

If a mandatory petition was filed alleging serious physical harm or sexual abuse, a hearing must be held within 24 hours of the filing, or on the next business day after the filing.

Notice of hearing must be given to the parent in person, in writing, on the record, or by telephone as soon as the hearing is scheduled, if the child is placed outside the home.

Videoconferencing technology may be used to conduct the hearing. For court’s permissible use of videoconferencing technology, see MCR 3.904(B), discussed in detail at Section 1.7.

MCR 3.965(A)(1).

See Section 7.6.

MCL 712A.13a(2); MCR 3.965(A)(2).

See Section 7.6.

MCR 3.920(D)(2)(b).

See Section 5.2.

MCR 3.904(B)(1).

Removal Hearing for Indian Child

Following emergency removal, court must complete a removal hearing within 14 days of removal unless that parent or Indian custodian has requested an additional 20 days for the hearing or the court adjourns the hearing. Absent extraordinary circumstances, a temporary emergency custody must not exceed 45 days. Note that an emergency removal or emergency placement of an Indian child should not continue beyond 30 days unless the court determines that returning the Indian child to the parent or Indian custodian would “subject the child to imminent physical damage or harm[,] [t]he court has been unable to transfer the proceeding to the jurisdiction of the appropriate Indian Tribe[,] and [i]t has not been possible to initiate a ‘child-custody proceeding’ as defined in [25 CFR 23.2].”

In other cases, a removal hearing must be conducted before removal.

A removal hearing may be combined with any other hearing.

Videoconferencing technology may be used to conduct the hearing. For court’s permissible use of videoconferencing technology, see MCR 3.904(B), discussed in detail at Section 1.7.

MCR 3.967(A); 25 CFR 23.113(e).

See Section 19.12(B).

MCR 3.967(B).

See Section 19.12(B).

MCR 3.967(E).

See Section 19.12(B).

MCR 3.904(B)(2).

Identification of Appropriate Relative Placement

The supervising agency must identify, locate, notify, and consult with the child’s relatives within 30 days of the child’s removal to determine appropriate placement.

Within 90 days of removal, the supervising agency must make and document in writing its placement decision and provide written notice of the decision and the reasons for the placement decision to the child’s attorney, guardian, guardian ad litem, mother, father, the attorneys for the mother and father, each relative who expresses an interest in caring for the child, the child if he or she is old enough to be able to express an opinion regarding placement, and the prosecuting attorney.

MCL 722.954a(2).

See Section 8.2(A).

MCL 722.954a(4).

See Section 8.10.

Reasonable Efforts to Prevent Child’s Removal Determination

Title IV-E Requirement. Court must determine whether reasonable efforts to prevent removal were made or that reasonable efforts are not required. A court must make determination at the earliest possible time, but no later than 60 days after the date of removal. Court must state factual basis for its determination.

See DHHS Children’s Foster Care Manual (FOM), Funding Determinations and Title IV-E Eligibility, FOM 902-1, pp 22-28, which details the judicial determinations that must be made in order to satisfy Title IV-E requirements.

45 CFR 1356.21(b); MCR 3.965(C)(4).

See Section 8.4.

Initial Service Plan, Criminal Record Check, Central Registry Clearance, and Home Study

The DHHS must complete an initial service plan within 30 days of placement.

If the child is placed in a relative’s home, the DHHS must conduct a criminal record check and central registry clearance before or within seven days of placement, and must submit a home study to the court within 30 days of placement.

The court may order the DHHS to report the results of a criminal record check and central registry clearance to the court before or within seven days after placement.

The court must order the DHHS to perform a home study and submit a copy of it to the court within 30 days after placement.

MCL 712A.13a(10)(a); MCR 3.965(D)(1).

See Section 8.7.

MCL 712A.13a(11).

See Section 8.2(A).

MCR 3.965(C)(5)(a).

See Section 8.2(A).

MCR 3.965(C)(5)(b).

See Section 8.2(A).

Review of Placement Order and Initial Service Plan

Court must review placement order or initial service plan when a motion is made by a party.

“If [a] child is removed from the home and disposition is not completed, the court shall conduct a dispositional hearing in accordance with MCR 3.973.”

Personal or electronic service of a written motion must be made at least seven days before hearing, and the response at least three days before hearing. If service is by first-class mail, service must be made at least nine days before hearing, and the response at least five days before hearing. For good cause, court may set different periods for filing and serving motions.

Videoconferencing technology may be used to conduct the hearing. For court’s permissible use of videoconferencing technology, see MCR 3.904(B), discussed in detail at Section 1.7.

If a hearing is held, at least seven days’ notice in writing or on record must be given to the respondent; respondent’s attorney; child’s lawyer-guardian ad litem; child’s parents, guardian, or legal custodian, if any, other than respondent; the petitioner; a party’s appointed guardian ad litem; the foster parents, preadoptive parents, and relative caregivers of a child in foster care under the responsibility of the state; Indian child’s tribe (if unknown to the Secretary of the Interior); Indian child’s parents or Indian custodian (if unknown to the Secretary of the Interior); and any other person the court may direct to be notified.

MCL 712A.13a(17); MCR 3.966(A)(1).

See Section 8.12.

MCR 3.966(A)(2).

See Section 8.12.

MCR 2.119(C); MCR 3.922(D).

See Section 9.4.

MCR 3.904(B)(1).

MCR 3.920(D)(1); MCR 3.921(B)(1).

See Section 5.2.

Review of Supervising Agency’s Initial Placement Determination

Persons notified of the initial placement decision may request written documentation of the reasons for the decision within five days of the notice.

A child’s lawyer-guardian ad litem must petition the court for review within 14 days after the date of the written placement decision, and a review hearing on the record must commence within seven days after the petition is filed.

Videoconferencing technology may be used to conduct the hearing. For court’s permissible use of videoconferencing technology, see MCR 3.904(B), discussed in detail at Section 1.7.

At least seven days’ notice in writing or on record must be given to the respondent; respondent’s attorney; child’s lawyer-guardian ad litem; child’s parents, guardian, or legal custodian, if any, other than respondent; the petitioner; a party’s appointed guardian ad litem; the foster parents, preadoptive parents, and relative caregivers of a child in foster care under the responsibility of the state; Indian child’s tribe (if unknown to the Secretary of the Interior); Indian child’s parents or Indian custodian (if unknown to the Secretary of the Interior); and any other person the court may direct to be notified.

MCL 722.954a(9); MCR 3.966(B)(1)(d).

See Section 8.12(A).

MCL 722.954a(9); MCR 3.966(B)(2); MCR 3.966(B)(3).

See Section 8.12(A).

MCR 3.904(B)(1).

MCR 3.920(D)(1); MCR 3.921(B)(1).

See Section 5.2.

Review of Change of Child’s Foster Care Placement

Unless the foster parent requests or agrees to the change in placement or the court orders the child returned home, removal must occur less than 30 days after the child’s initial removal from home. Supervising agency must maintain placement for at least three days or until the FCRB makes its determination if foster parent appeals. Removal may occur at any time the supervising agency has reasonable cause to suspect sexual abuse, nonaccidental physical injury, or substantial risk of harm to the child’s physical or emotional well-being.

Supervising agency must notify the FCRB, foster parents, the court with jurisdiction over the child, the child’s lawyer guardian ad litem, and an Indian child’s tribe before removal. Notice may be given by ordinary mail or by electronic means subject to agreement of the DHHS and the SCAO. Supervising agency must notify the foster parents, FCRB, the court with jurisdiction over the child, and an Indian child’s tribe of emergency removal. Notice must indicate the reason for the placement change, how many times the placement has been changed, whether a change in the child’s school will be required, whether the change will separate or reunite siblings or impact sibling visitation, and, if the child is an Indian child, a statement to that effect and a list of active efforts taken to place the child according to MCL 712B.23, including how the standards in MCL 712B.23(8) are met. Notice to the court may be given by ordinary mail or by electronic means subject to agreement of the DHHS and court with jurisdiction.

Foster parents may appeal to the FCRB within three days of notice of the intended move. Within seven days of receiving an appeal, the FCRB must investigate and, within three days after completing its investigation, report to the court or MCI superintendent, foster parents, parents, an Indian child’s tribe, and supervising agency.

MCL 712A.13b(1)(c)(ii); MCL 712A.13b(2)(c); MCL 712A.13b(7).

See Section 8.10.

MCL 712A.13b(2); MCL 712A.13b(7). See Section 8.10.

MCL 712A.13b(2)(b); MCL 712A.13b(3).

See Section 8.11.

Review of Change of Child’s Foster Care Placement, continued

If necessary, the court must set a hearing no sooner than seven or later than 14 days after notice from the FCRB. Notice of hearing must be given to the foster parents, interested parties, and prosecuting attorney (if he or she has appeared).

MCI superintendent must make a decision regarding the child’s placement and inform each interested party of the decision within 14 days after notice from the FCRB.

Videoconferencing technology may be used to conduct the hearing. For court’s permissible use of videoconferencing technology, see MCR 3.904(B), discussed in detail at Section 1.7.

MCL 712A.13b(5); MCR 3.966(C)(2)(a); MCR 3.966(C)(2)(b).

See Section 8.11.

MCL 712A.13b(5).

See Section 8.11.

MCR 3.904(B)(1).

Demand for Jury Trial

Written demand for jury trial must be filed within 14 days after court gives notice of the right to jury trial or 14 days after an appearance by an attorney or lawyer-guardian ad litem, whichever is later, but no later than 21 days before trial. The court may excuse a late filing in the interest of justice.

MCR 3.911(B).

See Section 9.6(B).

Demand for Trial by Judge (Rather Than Referee)

Written demand for trial by judge rather than referee must be filed within 14 days after court gives notice of the right to trial by judge or 14 days after an appearance by an attorney or lawyer-guardian ad litem, whichever is later, but no later than 21 days before trial. The court may excuse a late filing in the interest of justice.

MCR 3.912(B).

See Section 9.6(C).

Motions to Suppress Evidence

Personal or electronic service of motion must be made at least seven days before hearing, and the response at least three days before hearing. If service is by first-class mail, service must be made at least nine days before hearing, and the response at least five days before hearing. For good cause, court may set different periods for filing and serving motions.

If a hearing is held, at least seven days’ notice in writing or on record must be given to the respondent; respondent’s attorney; child’s lawyer-guardian ad litem; child’s parents, guardian, or legal custodian, if any, other than respondent; the petitioner; a party’s appointed guardian ad litem; the foster parents, preadoptive parents, and relative caregivers of a child in foster care under the responsibility of the state; Indian child’s tribe (if unknown to the Secretary of the Interior); Indian child’s parents or Indian custodian (if unknown to the Secretary of the Interior); and any other person the court may direct to be notified.

MCR 2.119(C); MCR 3.922(D).

See Section 9.4.

MCR 3.920(D)(1); MCR 3.921(B)(1).

See Section 5.2

Notice of Intent to Use Alternative Procedures to Obtain Testimony or to Admit Hearsay Statements under MCR 3.972(C)(2)

Within 21 days after notice of trial date, but no later than seven days before trial, proponent must file with the court and serve all parties written notice of intent to use alternative procedures or admit hearsay statements.

Within seven days after receipt of notice, but no later than two days before trial, nonproponent parties must provide written notice to court of intent to offer rebuttal testimony or evidence in opposition to the proponent’s request and identify any witnesses to be called.

The court may shorten these time periods for good cause shown.

MCR 3.922(F)(1).

See Section 11.4.

MCR 3.922(F)(2).

See Section 11.4.

MCR 3.922(F)(3).

See Section 11.4.

Trials

If the child is not in placement, trial must be held within six months after the authorization of the petition unless adjourned for good cause. If the child is in placement, trial must commence as soon as possible but no later than 63 days after the child is removed from the home unless the trial is postponed on stipulation of the parties for good cause, because process cannot be completed, or because the court finds that the testimony of a witness presently unavailable is needed.

At least seven days’ notice in writing or on record must be given to the respondent; respondent’s attorney; child’s lawyer-guardian ad litem; child’s parents, guardian, or legal custodian, if any, other than respondent; the petitioner; a party’s appointed guardian ad litem; the foster parents, preadoptive parents, and relative caregivers of a child in foster care under the responsibility of the state; Indian child’s tribe (if unknown to the Secretary of the Interior); Indian child’s parents or Indian custodian (if unknown to the Secretary of the Interior); and any other person the court may direct to be notified.

A summons must be served on any respondent and any nonrespondent parent. A summons may be served on a person with physical custody of the child directing such person to appear with the child. A guardian or legal custodian who is not a respondent must be served with notice of hearing as provided in the paragraph above.

Personal service is required at least seven days before trial. If personal service is impracticable or cannot be achieved, the court may direct service in any manner reasonably calculated to give notice and an opportunity to be heard, including publication. If summons is served by registered mail, it must be sent at least 14 days before trial, or 21 days if the person is not a Michigan resident.

MCR 3.972(A).

See Section 12.2.

MCR 3.920(D)(1); MCR 3.921(B)(1).

See Section 5.2.

MCR 3.920(B)(2)(b).

See Section 5.1.

MCR 3.920(B)(4); MCR 3.920(B)(5)(a); MCR 3.920(B)(5)(b).

See Section 5.1.

Trials, continued

If service is by publication, notice must appear in a newspaper in the county where the party resides, if known, or in the county where the action is pending, at least once 14 days before trial.

If the child has been removed from the home, a review hearing must be held within 182 days of the date of removal, even if the trial has not been completed before the expiration of that 182-day period.

Videoconferencing technology may be used to conduct the hearing. For court’s permissible use of videoconferencing technology, see MCR 3.904(B), discussed in detail at Section 1.7.

MCR 3.920(B)(4)(b); MCR 3.920(B)(5)(c).

See Section 5.1.

MCR 3.972(A)(3).

See Section 12.2.

MCR 3.904(B)(2).

Rehearings or Motions for New Trial

If case does not involve termination of parental rights, written motion must be filed within 21 days after the date of the order resulting from the hearing or trial. If case involves “termination of parental rights, a motion for new trial, rehearing, reconsideration, or other postjudgment relief [must] be filed within 14 days after the date of the order terminating parental rights.” Court may entertain untimely motion for good cause shown. Written response must be filed with the court and served on opposing parties within seven days of motion.

At least seven days’ notice of the motion or hearing, if held, in writing or on record must be given to the respondent; respondent’s attorney; child’s lawyer-guardian ad litem; child’s parents, guardian, or legal custodian, if any, other than respondent; the petitioner; a party’s appointed guardian ad litem; the foster parents, preadoptive parents, and relative caregivers of a child in foster care under the responsibility of the state; Indian child’s tribe (if unknown to the Secretary of the Interior); Indian child’s parents or Indian custodian (if unknown to the Secretary of the Interior); and any other person the court may direct to be notified.

MCR 3.992(A); MCR 3.992(C).

See Section 12.12.

MCR 3.920(D)(1); MCR 3.921(B)(1). See Section 5.2.

Case Service Plans

The DHHS must prepare a Case Service Plan before the court enters an order of disposition. The plan must be made available to the parties and court.

Foster parent must be given copies of all Initial Service Plans, updated service plans, revised service plans, court orders, and medical, mental health, and education reports, including reports made before child’s placement, within 10 days of a written request from the provider.

The Case Service Plan must be updated every 90 days as long as the child remains in placement.

MCL 712A.18f(2).

See Section 13.6.

MCL 712A.13a(18).

See Section 8.5; Section 13.11.

MCL 712A.18f(5).

See Section 13.6(D).

Initial Dispositional Hearings*

*If termination is requested at the initial dispositional hearing, see notice requirements in “Hearings to Terminate Parental Rights,” below.

The interval between trial and disposition is discretionary with the court, but if the child is in placement, the interval may not be more than 28 days, except for good cause.

Unless the dispositional hearing is held immediately after trial, notice of hearing may be given by scheduling it on the record in the presence of the parties or in accordance with MCR 3.920.

If the child was diagnosed with failure to thrive, Munchausen syndrome by proxy, Shaken baby syndrome, a bone fracture diagnosed as the result of abuse or neglect, or drug exposure, each of the child’s physicians must be notified of the time and place of the hearing.

MCR 3.973(C).

See Section 13.2.

MCR 3.973(B).

See Section 13.2.

MCL 712A.18f(7).

See Section 5.2(B).

Review of Referee’s Recommended Findings and Conclusions

Request for review must be filed within seven days after the inquiry or hearing or seven days after issuance of referees’ recommendations, whichever is later, and served on interested parties, and a response may be filed within seven days at the time of filing the request for review.

Absent good cause for delay, the judge must consider the request within 21 days after it is filed if child is in placement.

MCR 3.991(B)(3); MCR 3.991(B)(4); MCR 3.991(C).

See Section 20.1(B).

MCR 3.991(D).

See Section 20.1(D).

Dispositional Review Hearings*

*See also provisions for reviews of children in permanent foster family or relative placements, below.

The court must conduct review hearings no later than 182 days after the child’s removal from the home and no later than every 91 days after that for the first year the child is subject to the court’s jurisdiction. After the first year the child has been removed from the home and is subject to the court’s jurisdiction, the court must conduct review hearings no later than 182 days from the immediately preceding review hearing conducted during that first year and every 182 days after that until the case is dismissed. A review hearing must not be canceled or delayed beyond the number of days set out above, regardless of whether a petition to terminate parental rights or another matter is pending.

Videoconferencing technology may be used to conduct the hearing. For court’s permissible use of videoconferencing technology, see MCR 3.904(B), discussed in detail at Section 1.7.

Title IV-E Requirement. Reviews of child’s status must occur at least every six months. 

At the initial disposition hearing and every review hearing, the court must decide whether it will accelerate the date for the next scheduled review hearing.

MCL 712A.19(3); MCR 3.975(C).

See Section 15.3(A).

MCR 3.904(B)(1).

45 CFR 1355.34(c)(2)(ii).

See Section 15.3(A).

MCL 712A.19(3); MCR 3.975(D).

See Section 15.3(C).

Dispositional Review Hearings, continued

Seven days’ written notice to the agency responsible for child’s care and supervision; person or institution having court-ordered custody of child; parents and attorney for respondent-parent (if parental rights have not been terminated); child’s guardian or legal custodian; child’s guardian ad litem; child’s lawyer-guardian ad litem; a nonparent adult (if ordered to comply with Case Service Plan); elected leader of the Indian tribe (if tribal affiliation has been determined); attorneys for each party; prosecuting attorney (if he or she has appeared); the child (if 11 years of age or older); Indian child’s tribe (if the court knows or has reason to know the child is an Indian child); the foster parents, preadoptive parents, and relative caregivers of a child in foster care under the responsibility of the state; Secretary of the Interior (if the Indian child’s parents, guardian, legal custodian, or tribe are unknown); and any other person the court may direct to be notified.

If the child was diagnosed with failure to thrive, Munchausen syndrome by proxy, Shaken baby syndrome, a bone fracture diagnosed as the result of abuse or neglect, or drug exposure, each of the child’s physicians must be notified of the time and place of the hearing.

If at least seven days’ written notice is given to all parties (unless waived), and if no party requests a hearing within the seven days, the child may be returned home without a hearing.

MCL 712A.19(5); MCR 3.921(B)(2); MCR 3.975(B).

See Section 5.2(A).

MCL 712A.18f(7).

See Section 5.2(B)

.

MCL 712A.19(11); MCR 3.975(H).

See Section 15.3(D).

Review Hearings for Children Remaining in Home

The court must conduct a review hearing no later than 182 days from the date a petition is filed to give the court jurisdiction and no later than every 91 days after that for the first year the child is subject to the court’s jurisdiction. After the first year the child is subject to the court’s jurisdiction, the court must conduct a review hearing no later than 182 days from the immediately preceding review hearing conducted during that first year and every 182 days after that until the case is dismissed. A review hearing must not be canceled or delayed beyond the number of days set out above, regardless of whether a petition to terminate parental rights or another matter is pending.

Videoconferencing technology may be used to conduct the hearing. For court’s permissible use of videoconferencing technology, see MCR 3.904(B), discussed in detail at Section 1.7.

MCL 712A.19(2).

See Section 15.3(B).

MCR 3.904(B)(1).

Postadjudication Hearing on Petition for Out-of-Home Placement

(child under court jurisdiction and supplemental petition to remove child from home is filed)

Court must ensure proper notice has been provided.

“If the court has not held a dispositional hearing under MCR 3.973, the court shall conduct the dispositional hearing within 28 days after the child is placed by the court, except for good cause shown.”

“If the court has already held a dispositional hearing under MCR 3.973, a dispositional review hearing must commence no later than 14 days after the child is placed by the court, except for good cause shown. The dispositional review hearing may be combined with the removal hearing for an Indian child prescribed by MCR 3.967. . . .”

MCR 3.920; MCR 3.921; MCR 3.974(B)(2).

See Section 5.2.

MCR 3.974(D)(1). See Section 15.7(B).

MCR 3.974(D)(2). See Section 15.7(B).

Emergency Removal Hearings

Court must conduct hearing no later than 24 hours after child is taken into custody, excluding Sundays and holidays. If the child is an Indian child, the court must also conduct removal hearing under MCR 3.967 for the child to remain removed.

Notice of the emergency removal hearing must be given to the parent in person, in writing, on the record, or by telephone as soon as the hearing is scheduled.

“If the court has not held a dispositional hearing under MCR 3.973, the court shall conduct the dispositional hearing within 28 days after the child is placed by the court, except for good cause shown.”

“If the court has already held a dispositional hearing under MCR 3.973, a dispositional review hearing must commence no later than 14 days after the child is placed by the court, except for good cause shown. The dispositional review hearing may be combined with the removal hearing for an Indian child prescribed by MCR 3.967.”

Seven days’ written notice to the agency responsible for child’s care and supervision; person or institution having court-ordered custody of child; parents and attorney for respondent-parent (if parental rights have not been terminated); child’s guardian or legal custodian; child’s guardian ad litem; child’s lawyer-guardian ad litem; a nonparent adult (if ordered to comply with Case Service Plan); elected leader of the Indian tribe (if tribal affiliation has been determined); attorneys for each party; prosecuting attorney (if he or she has appeared); the child (if 11 years of age or older); Indian child’s tribe (if the court knows or has reason to know the child is an Indian child); the foster parents, preadoptive parents, and relative caregivers of a child in foster care under the responsibility of the state; Secretary of the Interior (if the Indian child’s parents, guardian, legal custodian, or tribe are unknown); and any other person the court may direct to be notified.

MCR 3.974(C)(3).

See Section 15.8.

MCR 3.920(D)(2)(b); MCR 3.974(C)(2).

See Section 5.2.

MCR 3.974(D)(1). See Section 15.8(B).

MCR 3.974(D)(2). See Section 15.8(B).

MCL 712A.19(5); MCR 3.921(B)(2).

See Section 5.2; Section 15.2.

Permanency Planning Hearings

If a court determines that reasonable efforts to reunify the family are not required, the court must conduct a permanency planning hearing within 30 days after that determination. Note: MCR 3.976(B)(1) requires that this hearing be held within 28 days after a determination that reasonable efforts to reunite the family or to prevent removal are not required.

In other cases, court must conduct permanency planning hearings within 12 months after the child was removed from home and every 12 months thereafter during the continuation of foster care.

A permanency planning hearing must not be canceled or delayed beyond the time limits set out above, regardless of whether a petition for termination of parental rights or another matter is pending.

Title IV-E Requirement. A permanency hearing must be conducted within 12 months after the child enters foster care and every 12 months thereafter during the continuation of foster care. In cases involving “aggravated circumstances,” a permanency hearing must be conducted within 30 days of a determination that reasonable efforts to reunify a family are not required. Agency must obtain a judicial determination that it has made reasonable efforts to finalize permanency plan within 12 months of a child’s entry into foster care and every 12 months thereafter during the continuation of foster care.

See DHHS Children’s Foster Care Manual (FOM), Funding Determinations and Title IV-E Eligibility, FOM 902-1, pp 24-28, which details the judicial determinations that must be made in order to satisfy Title IV-E requirements.

MCL 712A.19a(2); MCR 3.976(B)(1).

See Section 16.3(A).

MCL 712A.19a(1); MCL 712A.19c(1); MCR 3.976(B)(3).

See Section 16.3.

MCL 712A.19a(1); MCL 712A.19c(1).

See Section 16.3.

MCL 712A.19a(4); MCR 3.976(A); 45 CFR 1355.34

(c)(2)(iii); 45 CFR 1356.21(b); 45 CFR 1356.21(h)(2).

See Section 16.2; Section 16.3.

Permanency Planning Hearings, continued

14 days’ written notice to the agency responsible for child’s care and supervision; person or institution having court-ordered custody of child; parents and attorney for respondent-parent (if parental rights have not been terminated); a guardian or legal custodian of child; guardian ad litem; child’s lawyer-guardian ad litem; a “nonparent adult” (if ordered to comply with Case Service Plan); elected leader of the Indian tribe (if tribal affiliation has been determined); attorneys for each party; prosecuting attorney (if he or she has appeared); the child (if 11 years of age or older); Indian child’s tribe (if the court knows or has reason to know the child is an Indian child); the foster parents, preadoptive parents, and relative caregivers of a child in foster care under the responsibility of the state; Secretary of the Interior (if the Indian child’s parents, guardian, legal custodian, or tribe are unknown); and any other person the court may direct to be notified.

If the child was diagnosed with failure to thrive, Munchausen syndrome by proxy, Shaken baby syndrome, a bone fracture diagnosed as the result of abuse or neglect, or drug exposure, each of the child’s physicians must be notified of the time and place of the hearing.

If a child is not returned home following hearing, the agency must initiate termination proceedings if the child has been in foster care for 15 of the last 22 months. However, the agency does not have to initiate termination proceedings if relatives are taking care of the child, if there is a compelling reason that filing a petition is not in the child’s best interests, or if reasonable efforts for reunification, when required, have not been made. “If the court does not require the agency to initiate proceedings to terminate parental rights under [MCR 3.976(E)(3)], the court shall state on the record the reason or reasons for its decision.”

MCL 712A.19a(6); MCR 3.920(D)(3)(a); MCR 3.921(B)(2); MCR 3.976(C).

See Section 5.2(A).

MCL 712A.18f(7).

See Section 5.2(B).

MCL 712A.19a(8); MCR 3.976(E)(3).

See Section 16.7(B).

Dispositional Review Hearings When Child Is in Permanent Foster Family Agreement or Placement With Relative Is Intended to Be Permanent

The court must hold review hearings not more than 182 days after the child is removed from home and every 182 days thereafter as long as the child is subject to the jurisdiction of the court, MCI, or other agency. A review hearing must not be canceled or delayed beyond the number of days set out above, regardless of whether a petition to terminate parental rights or another matter is pending.

Upon motion of a party or the court, the court may accelerate the date for the next scheduled review hearing.

Videoconferencing technology may be used to conduct the hearing. For court’s permissible use of videoconferencing technology, see MCR 3.904(B), discussed in detail at Section 1.7.

MCL 712A.19(4); MCR 3.975(C)(2).

See Section 15.3(A).

MCL 712A.19(4); MCR 3.975(D).

See Section 15.3(C).

MCR 3.904(B)(1).

Hearings to Terminate Parental Rights

Petition must be filed by the end of a child’s fifteenth month in foster care if he or she has been in foster care 15 of the last 22 months, or within 60 days of a determination that a child is an abandoned infant or that reasonable efforts to reunify a child with a parent convicted of a specified felony are not required, unless the child is being cared for by a relative, a compelling reason exists that petitioning is not in the child’s best interest, or the state has not provided the family services necessary for the child’s safe return home.

Parties must make disclosures as detailed in MCR 3.922(A) at least 21 days before termination hearing and have rights to discovery consistent with that rule.

Court must conduct termination hearing within 42 days of filing of supplemental petition, but court may extend time for 21 days for good cause shown.

14 days’ written notice to the agency responsible for child’s care and supervision; person or institution having court-ordered custody of child; parents and attorney for respondent-parent (if parental rights have not been terminated); child’s guardian or legal custodian; child’s guardian ad litem; child’s lawyer-guardian ad litem; elected leader of the Indian tribe (if tribal affiliation has been determined); attorneys for each party; prosecuting attorney (if he or she has appeared); the child (if 11 years of age or older); Indian child’s parent or Indian custodian and Indian child’s tribe (these parties must also be given notice of their right of intervention); the foster parents, preadoptive parents, and relative caregivers of a child in foster care under the responsibility of the state; Secretary of the Interior (if the identity or location of an Indian child’s parents, Indian custodian, or tribe are unknown); and any other person the court may direct to be notified.

MCL 712A.19a(8); MCR 3.976(E)(3); 42 USC 675(5)(E);

45 CFR 1356.21(i).

See Section 16.7(B).

MCR 3.977(F)(2).

MCR 3.977(F)(2); MCR 3.977(H)(1)(b).

See Section 17.4; Section 17.5(A).

MCL 712A.19b(2); MCR 3.920(C)(1); MCR 3.920(D)(3); MCR 3.921(B)(2); MCR 3.921(B)(3); MCR 3.977(C).

See Section 5.2(A); Section 19.5.

Hearings to Terminate Parental Rights (continued)

Any respondent and nonrespondent parent must be served with a summons. A summons may be served on a person with physical custody of the child directing such person to appear with the child. A guardian or legal custodian who is not a respondent must be served with notice of hearing as provided in the paragraph above.

Personal service is required at least 14 days before hearing. If personal service is impracticable or cannot be achieved, the court may direct service in any manner reasonably calculated to give notice and an opportunity to be heard, including publication. If summons is served by registered mail, it must be sent at least 14 days before trial, or 21 days if the person is not a Michigan resident.

If service is by publication, notice must appear in a newspaper in the county where the party resides, if known, or in the county where the action is pending, at least once 14 days before trial.

If it does not issue a decision on the record, the court must issue opinion and order within 70 days of the commencement of the initial hearing on termination of parental rights petition. Failure to issue opinion within 70 days does not dismiss petition, however.

Videoconferencing technology may be used to conduct the hearing. For court’s permissible use of videoconferencing technology, see MCR 3.904(B), discussed in detail at Section 1.7.

MCL 712A.12; MCR 3.920(B)(2)(b).

See Section 5.1.

MCR 3.920(B)(4); MCR 3.920(B)(5).

See Section 5.1.

MCR 3.920(B)(5)(c).

See Section 5.1.

MCL 712A.19b(1); MCR 3.977(I)(1).

See Section 17.10.

MCR 3.904(B)(2).

Post-Termination of Parental Rights Review Hearing

Unless the child is placed in a permanent foster family or a placement with a relative intended to be permanent, the court must conduct review hearings at least every 91 days following termination of parental rights for the first year following termination of parental rights. If a child remains in placement for more than one year following termination of parental rights, the court must conduct a review hearing not later than 182 days from the immediately preceding review hearing during the first year and every 182 days thereafter until the case is dismissed. A review hearing must not be canceled or delayed, regardless of whether a petition to terminate parental rights or another matter is pending.

Foster parents and preadoptive parents or relatives providing care must be given notice of and an opportunity to be heard at each hearing.

Supervising agency must submit information to place the child in the adoption directory if an adoptive family is not identified within 90 days of the entry of the order terminating parental rights.

MCL 712A.19c(1).

See Section 18.1.

MCR 3.978(B).

See Section 5.2(A).

MCL 722.954b(2).

See Section 18.5(B).

Appeals Following Termination of Parental Rights

Request for appellate counsel must be made within 21 days after notice of the order terminating parental rights is given or after a timely postjudgment motion is denied.

In the Court of Appeals, an appeal of right must be filed within 21 days of entry of an order terminating parental rights under the Juvenile Code; 21 days of an order appointing counsel; 21 days after entry of an order denying a timely postjudgment motion for new trial, rehearing, reconsideration, or other relief from the judgment or order appealed; or 21 days after entry of an order denying appointment of appellate counsel in a case in which an indigent party is entitled to appointed counsel, if the trial court received the request for counsel within the initial 21-day appeal period.

Application for leave to appeal may not be granted if filed more than 63 days after entry of the order terminating parental rights or 63 days after entry of an order denying motion for reconsideration or rehearing.

In the Michigan Supreme Court, after a decision by the Court of Appeals, and except for an appeal from an order of discipline or dismissal entered by the Attorney Discipline Board, an application for leave to appeal must be filed within 42 days in civil cases, or within 56 days in criminal cases, after “the Court of Appeals order or opinion resolving an appeal or original action, including an order denying an application for leave to appeal, the Court of Appeals order or opinion remanding the case to the lower court or Tribunal for further proceedings while retaining jurisdiction, the Court of Appeals order denying a timely filed motion for reconsideration, or the Court of Appeals grants a request to publish an opinion that was originally released as unpublished.”

MCR 3.977(J)(1)(c).

See Section 17.11.

MCR 3.993(A)(4); MCR 7.204(A)(1)(a)-(d).

See Section 20.3(B)(2).

MCR 3.993(C)(3); MCR 7.205(A)(3).

See Section 20.3(B).

MCR 7.305(C)(2).

See Section 20.4.