MI Rules MCR 5.404

Michigan Compiled Laws Annotated Currentness
Michigan Court Rules of 1985
Chapter 5. Probate Court (Refs & Annos)
Subchapter 5.400. Guardianship, Conservatorship and Protective Order Proceedings
RULE 5.404 GUARDIANSHIP OF MINOR

(A) Petition for Guardianship of Minor. The petitioner shall state in the petition whether or not the minor is an Indian Child or whether that fact is unknown. If the court requires the petitioner to file a social history before hearing a petition for guardianship of a minor, it shall do so on a form approved by the State Court Administrative Office. The social history for minor guardianship is confidential, and it is not to be released, except on order of the court, to the parties or the attorneys for the parties.

(B) Limited Guardianship.

(1) Modification of Placement Plan.

(a) The parties to a limited guardianship placement plan may file a proposed modification of the plan without filing a petition. The proposed modification shall be substantially in the form approved by the state court administrator.

(b) The court shall examine the proposed modified plan and take further action under subrules (c) and (d) within 14 days of the filing of the proposed modified plan.

(c) If the court approves the proposed modified plan, the court shall endorse the modified plan and notify the interested persons of its approval.

(d) If the court does not approve the modification, the court either shall set the proposed modification plan for a hearing or notify the parties of the objections of the court and that they may schedule a hearing or submit another proposed modified plan.

(2) Limited Guardianship of the Child of a Minor. On the filing of a petition for appointment of a limited guardian for a child whose parent is an unemancipated minor, the court shall appoint a guardian ad litem to represent the minor parent. A limited guardianship placement plan is not binding on the minor parent until consented to by the guardian ad litem.

(C) Limited Guardianship Placement Plans and Court-Structured Plans.

(1) All limited guardianship placement plans and court-structured plans shall at least include provisions concerning all of the following:

(a) visitation and contact with the minor by the parent or parents sufficient to maintain a parent and child relationship;

(b) the duration of the guardianship;

(c) financial support for the minor; and

(d) in a limited guardianship, the reason why the parent or parents are requesting the court to appoint a limited guardian for the minor.

(2) All limited guardianship placement plans and court-structured plans may include the following:

(a) a schedule of services to be followed by the parent or parents, child, and guardian and

(b) any other provisions that the court deems necessary for the welfare of the child.

(D) Evidence.

(1) Reports, Admission into Evidence. At any hearing concerning a guardianship of a minor, all relevant and material evidence, including written reports, may be received by the court and may be relied on to the extent of their probative value, even though such evidence may not be admissible under the Michigan Rules of Evidence.

(2) Written Reports, Review and Cross-Examination. Interested persons shall be afforded an opportunity to examine and controvert written reports so received and, in the court's discretion, may be allowed to cross-examine individuals making reports when such individuals are reasonably available.

(3) Privilege, Abrogation. No assertion of an evidentiary privilege, other than the privilege between attorney and client, shall prevent the receipt and use of materials prepared pursuant to a court-ordered examination, interview, or course of treatment.

(E) Review of Guardianship for Minor.

(1) Periodic Review. The court shall conduct a review of a guardianship of a minor annually in each case where the minor is under age 6 as of the anniversary of the qualification of the guardian. The review shall be commenced within 63 days after the anniversary date of the qualification of the guardian. The court may at any time conduct a review of a guardianship as it deems necessary.

(2) Investigation. The court shall appoint the Family Independence Agency or any other person to conduct an investigation of the guardianship of a minor. The investigator shall file a written report with the court within 28 days of such appointment. The report shall include a recommendation regarding whether the guardianship should be continued or modified and whether a hearing should be scheduled. If the report recommends modification, the report shall state the nature of the modification.

(3) Judicial Action. After informal review of the report, the court shall enter an order continuing the guardianship or set a date for a hearing to be held within 28 days. If a hearing is set, an attorney may be appointed to represent the minor.

(F) Termination of Guardianship.

(1) Necessity of Order. A guardianship may terminate without order of the court on the minor's death, adoption, marriage, or attainment of majority. No full, testamentary, or limited guardianship shall otherwise terminate without an order of the court.

(2) Continuation of Guardianship. When a court has continued a guardianship for a period not exceeding one year, the court shall hold the final hearing not less than 28 days before the expiration of the period of continuance.

(3) Petition for Family Division of Circuit Court to Take Jurisdiction. If the court appoints an attorney or the Family Independence Agency to investigate whether to file a petition with the family division of circuit court to take jurisdiction of the minor, the attorney or Family Independence Agency shall, within 21 days, report to the court that a petition has been filed or why a petition has not been filed.

(a) If a petition is not filed with the family division, the court shall take such further action as is warranted, except the guardianship may not be continued for more than one year after the hearing on the petition to terminate.

(b) If a petition is filed with the family division, the guardianship shall terminate when the family division authorizes the petition under MCL 712A.11, unless the family division determines that continuation of such guardianship pending disposition is necessary for the well-being of the child.

(4) Resignation of Limited Guardian. A petition by a limited guardian to resign shall be treated as a petition for termination of the limited guardianship. The parents or the sole parent with the right to custody may file a petition for a new limited guardianship. If the court does not approve the new limited guardianship or if no petition is filed, the court may proceed in the manner for termination of a guardianship under section 5209 or 5219 of the Estates and Protected Individuals Code, MCL 700.5209 or MCL 700.5219.

(5) Petition for Termination by a Party Other than a Parent. If a petition for termination is filed by other than a parent, the court may proceed in the manner for termination of a guardianship under section 5209 of the Estates and Protected Individuals Code, MCL 700.5209.

CREDIT(S)

[Adopted July 12, 2001, effective January 1, 2002, 464 Mich; amended December 18, 2001, effective May 1, 2002, 465 Mich; November 15, 2005, 474 Mich; February 2, 2010, effective May 1, 2010, 485 Mich.]

Current with amendments received through January 1, 2011.

END OF DOCUMENT

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