Opinion
ADM File No. 2007-02.
July 3, 2007.
On order of the Court, the following corrections of Rules 3.972 and 3.973 of the Michigan Court Rules are made, effective September 1, 2007.
[The present language is amended as indicated below.]
Rule 3.972 Trial
(A)-(B)[Unchanged.]
(C) Evidentiary Matters.
(1) [Unchanged.]
(2) Child's Statement. Any statement made by a child under 10 years of age or an incapacitated individual under 18 years of age with a developmental disability as defined in MCL 330.1100a(20)(21) regarding an act of child abuse, child neglect, sexual abuse, or sexual exploitation, as defined in MCL 722.622(e)(f) ,(f)(j),(r)(w), or(s)(x), performed with or on the child by another person may be admitted into evidence through the testimony of a person who heard the child make the statement as provided in this subrule.
(a)-(c) [Unchanged.]
(D)-(E)[Unchanged.]
Rule 3.973 Dispositional Hearing
(A)-(G)[Unchanged.]
(H) Allegations of Additional Abuse or Neglect.
(1) Proceedings on a supplemental petition seeking termination of parental rights on the basis of allegations of additional child abuse or child neglect, as defined in MCL 722.622(e)(f) and(f)(j), of a child who is under the jurisdiction of the court are governed by MCR 3.977.
(2) Where there is no request for termination of parental rights, proceedings regarding allegations of additional child abuse or child neglect, as defined in MCL 722.622Staff Comment: These amendments correct references that were changed as a result of statutory amendments made in 2002 to the Child Protection Law, as well as 2005 amendments of the Mental Health Code.(e)(f) and(f)(j), of a child who is under the jurisdiction of the court, including those made under MCL 712A.19(1), are governed by MCR 3.974 for a child who is at home or MCR 3.975 for a child who is in foster care.
The staff comment is not an authoritative construction by the Court.