“Written notice of a permanency planning hearing must be given as provided in MCR 3.920 and MCR 3.921(B)(2).”1 MCR 3.976(C).
The notice must state the purpose of the hearing and must indicate that further proceedings to terminate parental rights may result from the hearing. MCL 712A.19a(6); MCR 3.976(C). “The notice must inform the parties of their opportunity to participate in the hearing and that any information they wish to provide should be submitted in advance to the court, the agency, the lawyer-guardian ad litem for the child, or an attorney for one of the parties.” MCR 3.976(C).
Written notice must be served on all individuals and entities entitled to notice at least 14 days before a permanency planning hearing. MCL 712A.19a(6); MCR 3.920(B)(5)(a)(i).
Written notice of the hearing must be served on all of the following:
(1) the agency,2
(2) the child’s parents (if parental rights have not been terminated),
(3) the child (if the child is 11 years of age or older),
(4) the child’s guardian,3
(5) the child’s foster parents or legal custodian,
(6) the child’s preadoptive parents,
(7) the child’s guardian ad litem,
(8) relative caregivers,
(9) “if the court knows or has reason to know the child is an Indian child, the child’s tribe,”4
(10) “if the court knows or has reason to know the child is an Indian child and the parents, guardian, legal custodian, or tribe are unknown, to the Secretary of Interior,”5
(11) the attorney for the child, for each party (including a respondent-parent if parental rights have not been terminated, MCR 3.921(B)(2)(c)), and the prosecuting attorney (if the prosecuting attorney has appeared in the case),
(12) the noncustodial parent if he or she has requested notice at a hearing or in writing, and
(13) any other person the court may direct. MCL 712A.19a(6); MCR 3.921(B)(2); MCR 3.976(C).6
C.Parties Entitled to Participate in Permanency Planning Hearing
The following parties are entitled to participate in a permanency planning hearing:
(1) the child’s parents, if parental rights have not been terminated,
(2) the child who is of an appropriate age,
(3) the child’s guardian,7
(4) the child’s legal custodian,
(5) the child’s foster parents,
(6), the child’s preadoptive parents,
(7) the child’s relative caregivers, and
(8) if the child is an Indian child, the Indian child’s tribe. MCR 3.976(C).
1 See Section 5.2 for additional information on notices of hearings in child protective proceedings.
2 The agency must advise the child of the permanency planning hearing if the child is 11 years old or older. MCL 712A.19a(6)(a).
3 MCR 3.903(A)(11) defines a guardian to mean “a person appointed as guardian of a child by a Michigan court pursuant to MCL 700.5204 or [MCL] 700.5205, by a court of another state under a comparable statutory provision, or by parental or testamentary appointment as provided in MCL 700.5202, or a juvenile guardian appointed pursuant to MCL 712A.19a or MCL 712A.19c.”
4 See Section 19.5 for additional information on notice requirements for cases involving an Indian child.
5 See Section 19.5 for additional information on notice requirements for cases involving an Indian child.
6 MCR 3.976(C) lists only the individuals who are permitted to participate in the hearing. Express reference to “notice” in MCR 3.976(C) refers to MCR 3.920 and MCR 3.921(B)(2).
7 MCR 3.903(A)(11) defines a guardian to mean “a person appointed as guardian of a child by a Michigan court pursuant to MCL 700.5204 or [MCL] 700.5205, by a court of another state under a comparable statutory provision, or by parental or testamentary appointment as provided in MCL 700.5202, or a juvenile guardian appointed pursuant to MCL 712A.19a or MCL 712A.19c.”