MI Rules MCR 3.921
 
Michigan Compiled Laws Annotated Currentness
Michigan Court Rules of 1985
Chapter 3. Special Proceedings and Actions
Subchapter 3.900. Proceedings Involving Juveniles (Refs & Annos)
RULE 3.921 PERSONS ENTITLED TO NOTICE

(A) Delinquency Proceedings.

(1) General. In a delinquency proceeding, the court shall direct that the following persons be notified of each hearing except as provided in subrule (A)(3):

(a) the juvenile,

(b) the custodial parents, guardian, or legal custodian of the juvenile,

(c) the noncustodial parent who has requested notice at a hearing or in writing,

(d) the guardian ad litem or lawyer-guardian ad litem of a juvenile appointed pursuant to these rules,

(e) the attorney retained or appointed to represent the juvenile,

(f) the prosecuting attorney,

(g) in accordance with the notice provisions of MCR 3.905, if the juvenile is charged with a status offense in violation of MCL 712A.2(a)(2)-(4) or (d) and if the juvenile is an Indian child:

(i) the juvenile's tribe and, if the tribe is unknown, the Secretary of the Interior, and

(ii) the juvenile's parents or Indian custodian, and if unknown, the Secretary of the Interior.

(2) Notice to the Petitioner. The petitioner must be notified of the first hearing on the petition.

(3) Parent Without Physical Custody. A parent of the minor whose parental rights over the minor have not been terminated at the time the minor comes to court, must be notified of the first hearing on the formal calendar, unless the whereabouts of the parent are unknown.

(B) Protective Proceedings.

(1) General. In a child protective proceeding, except as provided in subrules (B)(2) and (3), the court shall ensure that the following persons are notified of each hearing:

(a) the respondent,

(b) the attorney for the respondent,

(c) the lawyer-guardian ad litem for the child,

(d) subject to subrule (C), the parents, guardian, or legal custodian, if any, other than the respondent,

(e) the petitioner,

(f) a party's guardian ad litem appointed pursuant to these rules,

(g) the foster parents, preadoptive parents, and relative caregivers of a child in foster care under the responsibility of the state,

(h) in accordance with the notice provisions of MCR 3.905, if the child is an Indian child:

(i) the child's tribe and, if the tribe is unknown, the Secretary of the Interior, and

(ii) the child's parents or Indian custodian, and if unknown, the Secretary of the Interior, and

(i) any other person the court may direct to be notified.

(2) Dispositional Review Hearings and Permanency Planning Hearings. Before a dispositional review hearing or a permanency planning hearing, the court shall ensure that the following persons are notified in writing of each hearing:

(a) the agency responsible for the care and supervision of the child,

(b) the person or institution having court-ordered custody of the child,

(c) the parents of the child, subject to subrule (C), and the attorney for the respondent parent, unless parental rights have been terminated,

(d) the guardian or legal custodian of the child, if any,

(e) the guardian ad litem for the child,

(f) the lawyer-guardian ad litem for the child,

(g) the attorneys for each party,

(h) the prosecuting attorney if the prosecuting attorney has appeared in the case,

(i) the child, if 11 years old or older,

(j) if the child is an Indian child, the child's tribe,

(k) the foster parents, preadoptive parents, and relative caregivers of a child in foster care under the responsibility of the state,

(l) if the child is an Indian child and the parents, guardian, legal custodian, or tribe are unknown, to the Secretary of Interior, and

(m) any other person the court may direct to be notified.

(3) Termination of Parental Rights. Written notice of a hearing to determine if the parental rights to a child shall be terminated must be given to those appropriate persons or entities listed in subrule (B)(2), except that if the child is an Indian child, notice shall be given in accordance with MCR 3.920(C)(1).

(C) Juvenile Guardianships. In a juvenile guardianship, the following persons shall be entitled to notice:

(1) the child, if 11 years old or older;

(2) the Department of Human Services;

(3) the parents of the child, unless parental rights over the child have been terminated;

(4) the juvenile guardian or proposed juvenile guardian;

(5) any court that previously had jurisdiction over the child in a child protective proceeding, if different than the court that entered an order authorizing a juvenile guardianship;

(6) the attorneys for any party;

(7) the prosecuting attorney, if the prosecuting attorney has appeared in the case;

(8) if the child is a member of a federally recognized Indian tribe, the child's tribe, Indian custodian, or if the tribe is unknown, the Secretary of the Interior;

(9) the Michigan Children's Institute superintendent;

(10) any other person the court may direct to be notified.

(D) Putative Fathers. If, at any time during the pendency of a proceeding, the court determines that the minor has no father as defined in MCR 3.903(A)(7), the court may, in its discretion, take appropriate action as described in this subrule.

(1) The court may take initial testimony on the tentative identity and address of the natural father. If the court finds probable cause to believe that an identifiable person is the natural father of the minor, the court shall direct that notice be served on that person in any manner reasonably calculated to provide notice to the putative father, including publication if his whereabouts remain unknown after diligent inquiry. Any notice by publication must not include the name of the putative father. If the court finds that the identity of the natural father is unknown, the court must direct that the unknown father be given notice by publication. The notice must include the following information:

(a) if known, the name of the child, the name of the child's mother, and the date and place of birth of the child;

(b) that a petition has been filed with the court;

(c) the time and place of hearing at which the natural father is to appear to express his interest, if any, in the minor; and

(d) a statement that failure to attend the hearing will constitute a denial of interest in the minor, a waiver of notice for all subsequent hearings, a waiver of a right to appointment of an attorney, and could result in termination of any parental rights.

(2) After notice to the putative father as provided in subrule (C)(1), the court may conduct a hearing and determine, as appropriate, that:

(a) the putative father has been served in a manner that the court finds to be reasonably calculated to provide notice to the putative father.

(b) a preponderance of the evidence establishes that the putative father is the natural father of the minor and justice requires that he be allowed 14 days to establish his relationship according to MCR 3.903(A)(7). The court may extend the time for good cause shown.

(c) there is probable cause to believe that another identifiable person is the natural father of the minor. If so, the court shall proceed with respect to the other person in accord with subrule (C).

(d) after diligent inquiry, the identity of the natural father cannot be determined. If so, the court may proceed without further notice and without appointing an attorney for the unidentified person.

(3) The court may find that the natural father waives all rights to further notice, including the right to notice of termination of parental rights, and the right to an attorney if

(a) he fails to appear after proper notice, or

(b) he appears, but fails to establish paternity within the time set by the court.

(E) Failure to Appear; Notice by Publication. When persons whose whereabouts are unknown fail to appear in response to notice by publication or otherwise, the court need not give further notice by publication of subsequent hearings, except a hearing on the termination of parental rights.

CREDIT(S)

[Adopted February 4, 2003, effective May 1, 2003, 467 Mich. Amended March 7, 2007, effective May 1, 2007, 477 Mich; April 14, 2009, effective July 1, 2009, 483 Mich; February 2, 2010, effective May 1, 2010, 485 Mich.]

Current with amendments received through January 1, 2011.


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