Chapter 5: Service of Process in Delinquency Proceedings

In this chapter. . .

This chapter discusses:

•the general requirements for serving notices of hearing in juvenile delinquency proceedings; and

•the general requirements for issuing and serving summonses in juvenile delinquency proceedings.

5.1Persons Entitled to Notice of Hearing in Delinquency Proceedings

A.Generally

The court must notify all of the following people of each hearing in a delinquency proceeding:

•the juvenile,

•the juvenile’s custodial parent(s), guardian, or legal custodian,

•the juvenile’s noncustodial parent1 if he or she has requested notice at a hearing or in writing,

•the juvenile’s guardian ad litem, lawyer-guardian ad litem, or attorney (whether appointed or retained),

•the prosecuting attorney, and

•if the juvenile is charged with a status offense and the court knows or has reason to know the juvenile is an Indian child:2 the juvenile’s parent, Indian custodian, and tribe; additionally, copies of the notices must be sent to the Minneapolis Regional Director of the Bureau of Indian Affairs. See MCL 712B.9(1); MCR 3.921(A)(1)(a)-(g); 25 CFR 23.11(a); 25 CFR 23.11(b)(2).

B.General Definitions

“Parent” means a juvenile’s mother, father,3 or both, and “also includes the term ‘parent’ as defined in MCR 3.002(20).”4 MCR 3.903(A)(18).

“‘Guardian’ means 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.” MCR 3.903(A)(11).

“‘Juvenile Guardian’ means a person appointed guardian of a child by a Michigan court pursuant to MCL 712A.19a or MCL 712A.19c. A juvenile guardianship is distinct from a guardianship authorized under the Estates and Protected Individuals Code.” MCR 3.903(A)(13).

“‘Legal Custodian’ means an adult who has been given legal custody of a minor by order of a circuit court in Michigan or a comparable court of another state or who possesses a valid power of attorney given pursuant to MCL 700.5103 or a comparable statute of another state. It also includes the term ‘Indian custodian’ as defined in MCR 3.002(15).” MCR 3.903(A)(14); see also MCL 712B.3(n).

C.Petitioner

The petitioner must be notified of the first hearing on the petition. MCR 3.921(A)(2). Additionally, if the petitioner is the prosecuting attorney, the court must notify him or her of each hearing. See MCR 3.921(A)(1)(f).

D.Noncustodial Parent

A noncustodial parent whose parental rights have not been terminated must be notified of the first hearing on the formal calendar, unless that parent’s whereabouts are unknown. MCR 3.921(A)(3). If he or she requests notice at a hearing or in writing, the court must notify him or her of each hearing. MCR 3.921(A)(1)(c).

E.Fathers and Putative Fathers

For purposes of delinquency proceedings, a juvenile’s “[f]ather” is:

“(a) A man married to the [juvenile’s] mother at any time from [the juvenile’s] conception to . . . birth, unless a court has determined, after notice and a hearing, that the [juvenile] was conceived or born during the marriage, but is not the issue of the marriage;

(b) A man who legally adopts the [juvenile];

(c) A man who by order of filiation or by judgment of paternity is judicially determined to be the father of the [juvenile];

(d) A man judicially determined to have parental rights; or

(e) A man whose paternity is established by the completion and filing of an acknowledgment of parentage in accordance with the provisions of the Acknowledgment of Parentage Act, MCL 722.1001 et seq., or a previously applicable procedure. For an acknowledgment under the Acknowledgment of Parentage Act, the man and mother must each sign the acknowledgment of parentage before a notary public appointed in this state. The acknowledgment shall be filed at either the time of birth or another time during the [juvenile’s] lifetime with the state registrar.” MCR 3.903(A)(7)(a)-(e).5

The court may determine at any time during delinquency proceedings that a juvenile has no legal father. MCR 3.921(D). At its discretion and upon a determination that a child has no legal father, the court may take the necessary steps to determine the juvenile’s putative father under MCR 3.921(D). For more information on notice requirements in cases involving a putative father, see the Michigan Judicial Institute’s Child Protective Proceedings Benchbook, Chapters 5 and 6.

1    For additional discussion of noncustodial parents, see Section (D).

2    See Section 5.2(B) for discussion of notice requirements in status offense cases involving Indian children. Status offenses are set out in MCL 712A.2(a)(2)-(4) and MCL 712A.2(d). See Section 2.3 for discussion of jurisdiction over status offenders. See also Section 2.15 and Section 3.10 for brief discussion of special requirements that apply if a status offender is an Indian child.

3    See Section (E) for the definition of “father.”

4    MCR 3.002(20) defines “[p]arent” for purposes of applying the Juvenile Code to an Indian child. See also MCL 712B.3(s) (for purposes of the Michigan Indian Family Preservation Act (MIFPA), MCL 712B.1 et seq., “‘[p]arent’ means any biological parent or parents of an Indian child or any person who has lawfully adopted an Indian child, including adoptions under tribal law or custom. Parent does not include the putative father if paternity has not been acknowledged or established[]”); 25 CFR 23.2 (“Parent or parents means any biological parent or parents of an Indian child, or any Indian who has lawfully adopted an Indian child, including adoptions under Tribal law or custom. It does not include an unwed biological father where paternity has not been acknowledged or established.”). See Section 5.2(B) for discussion of notice requirements in status offense cases involving Indian children.

5    Effective April 2, 2025, 2024 PA 29 retitled the Revocation of Paternity Act, MCL 722.1431 et seq., the Revocation of Parentage Act. The Revocation of Parentage Act allows “[t]he mother, the acknowledged parent, an alleged father, or a prosecuting attorney [to] file an action for revocation of an acknowledgment of parentage[,]” MCL 722.1437(1), and sets out additional procedures for revoking parentage. For additional discussion of fathers and the Revocation of Parentage Act, see the Michigan Judicial Institute’s Child Protective Proceedings Benchbook, Chapters 5 and 6.