1.3General Overview of Child Protective Proceedings

“Child protective proceedings are governed by the juvenile code, MCL 712A.1 et seq., and Subchapter 3.900 of the Michigan Court Rules.” In re Ferranti, 504 Mich 1, 14 (2019).

“A child protective proceeding is a single continuous proceeding that begins with a petition, proceeds to an adjudication, and—unless the family has been reunified—ends with a determination of whether a respondent’s parental rights will be terminated.” Ferranti, 504 Mich at 23 (internal citations and quotation marks omitted).

Petition. A petition must be filed to initiate child protective proceedings.¹ MCR 3.961(A). “[The] petition must contain, among other things, ‘[t]he essential facts’ that, if proven, would allow the trial court to assume jurisdiction over the child.” Ferranti, 504 Mich at 15, citing MCR 3.961(B)(3) and MCL 712A.2(b). “After receiving the petition, the trial court must hold a preliminary hearing and may authorize the filing of the petition upon a finding of probable cause that one or more of the allegations are true and could support the trial court’s exercise of jurisdiction under MCL 712A.2(b).”² Ferranti, 504 Mich at 15.

Adjudicative phase. “If the court authorizes the petition, the adjudication phase follows. The question at adjudication is whether the trial court can exercise jurisdiction over the child (and the respondents-parents) under MCL 712A.2(b) so that it can enter dispositional orders, including an order terminating parental rights. The court can exercise jurisdiction if a respondent-parent enters a plea of admission or no contest to allegations in the petition, see MCR 3.971, or if the Department proves the allegations at a trial, see MCR 3.972. ‘If a trial is held, the respondent is entitled to a jury, the rules of evidence generally apply, and the petitioner has the burden of proving by a preponderance of the evidence one or more of the statutory grounds for jurisdiction alleged in the petition.’ . . .  The adjudication divests the parent of her constitutional right to parent her child and gives the state that authority instead.” In re Ferranti, 504 Mich at 15, quoting In re Sanders, 495 Mich 394, 405-406 (2014) (internal citation omitted). For a discussion on pleas of admission or no contest, see Chapter 10, a discussion on evidentiary issues, see Chapter 11, and a discussion on trials, see Chapter 12.

Dispositional phase. “Once the trial court’s jurisdiction is established, the case moves to the dispositional phase. In this phase, the trial court has ‘broad authority’ to enter orders that are ‘“appropriate for the welfare of the juvenile and society in view of the facts proven and ascertained.”’ During the dispositional phase the court must hold review hearings ‘to permit court review of the progress made to comply with any order of disposition and with the case service plan [i.e., the family treatment plan] . . . and court evaluation of the continued need and appropriateness for the child to be in foster care. If the child is removed from the family home, the court must conduct a permanency planning hearing within 12 months from the date of removal. MCL 712A.19a(1); MCR 3.976(B)(2). This hearing results in either the dismissal of the petition and family reunification, or the court ordering the Department to petition for the termination of parental rights. MCL 712A.19a(4); MCR 3.976(A).” Ferranti, 504 Mich at 16, quoting Sanders, 495 Mich at 406. A dispositional hearing also permits “the court to approve or disapprove of the child’s initial or continued placement in a qualified residential treatment program.” MCR 3.975(A). For a discussion on the dispositional phase and review hearings, see Chapter 13 and Chapter 15, and a discussion on the permanency planning hearings, see Chapter 16.

Termination of parental rights. “If the Department files a termination petition, the court holds a termination hearing. See MCR 3.977. The court acts as fact-finder, MCR 3.977(I), and the rules of evidence generally do not apply [at the hearing], MCR 3.977(H)(2).” Ferranti, 504 Mich at 16. “Parties shall make disclosures as detailed in MCR 3.922(A) at least 21 days prior to the termination hearing and have rights to discovery consistent with that rule.” MCR 3.977(H)(2). “If the court determines that one or more statutory grounds for termination exist and that termination is in the child’s best interests, the court must enter an order terminating the respondent’s parental rights and order that additional efforts for reunification not be made. MCL 712A.19b(5).” Ferranti, 504 Mich at 16. For a discussion on termination hearings, see Chapter 17.

Indian child. The Indian Child Welfare Act (ICWA), 25 USC 1901 et seq., and the Michigan Indian Family Preservation Act (MIFPA), MCL 712B.1 et seq., apply if the child is an Indian child. For a discussion on child custody proceedings involving an Indian child, see Chapter 19.