5.2​Notice of Hearing Timing and Requirements

A.​Generally

Generally, a notice of hearing must be given in writing or on the record at least seven days before the hearing unless another rule provides otherwise. MCR 3.920(D)(1). See, for example, MCR 3.920(D)(2)(a), which requires notice of a preliminary hearing to be given to the juvenile and to the juvenile’s parent as soon as the hearing is scheduled if the juvenile is detained.6

“When a party fails to appear in response to a notice of hearing, the court may order the party’s appearance by summons or subpoena.” MCR 3.920(D)(4).

B.​Indian Child

If the court knows or has reason to know that a juvenile who is charged with a status offense is an Indian child “and an Indian tribe does not have exclusive jurisdiction as defined in MCR 3.002(6)[,]”7 the petitioner must notify the Indian child’s parent, Indian custodian, and tribe of any pending proceedings on a petition filed under MCR 3.931iating delinquency proceedings). (initMCR 3.920(C)(1); 25 CFR 23.11(a); see also MCL 712B.9(1). Notice must be made by registered mail with return receipt requested. MCR 3.920(C)(1); MCL 712B.9(1); see also 25 CFR 23.11(a) (permitting service by registered or certified mail with return receipt requested). Copies of the notices must be sent to the Minneapolis Regional Director of the Bureau of Indian Affairs by registered mail with return receipt requested. See MCL 712B.9(1); MCR 3.920(C)(1); 25 CFR 23.11(a); 25 CFR 23.11(b)(2)8; see also In re Morris, 491 Mich 81, 104 n 14 (2012).

C.​Subsequent Notices After First Appearance in Family Division

“After a party’s first appearance before the court, subsequent notice of proceedings and pleadings shall be served on that party or, if the party has an attorney, on the attorney for the party as provided in [MCR 3.920](D), except that a summons[9] must be served for trial or termination hearing as provided in [MCR 3.920](B).” MCR 3.920(G).

6. See Section 6.3(E) for discussion of preliminary hearing notice requirements.

7. Status offenses are set out in MCL 712A.2(a)(2)-(4) and MCL 712A.2(d). See Section 2.15 for a brief discussion of jurisdiction over status offense cases involving Indian children.

8. Under the Indian Child Welfare Act (ICWA), 25 USC 1901 et seq., these regulations apply in “any action removing an Indian child from its parent or Indian custodian for temporary placement in a foster home or institution or the home of a guardian or conservator where the parent or Indian custodian cannot have the child returned upon demand, but where parental rights have not been terminated[.]” 25 USC 1903(1)(i); see also MCL 712B.3(b). See Section 2.15 for a brief discussion of the ICWA and the Michigan Indian Family Preservation Act (MIFPA), MCL 712B.1 et seq.

9. See Section 5.4 for discussion of the issuance and service of summons.