Opinion
May 18, 2010.
Special Orders.
Order Entered May 18, 2010:
On order of the Court, this is to advise that the Court is considering amendments of Rules 3.973, 3.975, and 3.976 of the Michigan Court Rules. Before determining whether the proposal should be adopted, changed before adoption, or rejected, this notice is given to afford interested persons the opportunity to comment on the form or the merits of the proposal or to suggest alternatives. The Court welcomes the views of all. This matter will be considered at a public hearing by the Court before a final decision is made. The notices and agendas for public hearings are posted at www.courts.michigan.gov/supremecourt.
Publication of this proposal does not mean that the Court will issue an order on the subject, nor does it imply probable adoption of the proposal in its present form.
RULE 3.973. DISPOSITIONAL HEARING.
(A)-(D) [Unchanged.]
(E) Evidence; Reports.
(1)-(4) [Unchanged.] (5) The court, upon receipt of a local foster care review board's report, shall include the report in the court's confidential social file. The court shall ensure that all parties have had the opportunity to review the report and file objections before a dispositional order, dispositional review order, or permanency planning order is entered. The court may at its discretion include recommendations from the report in its orders.
(F)-(H) [Unchanged.]
RULE 3.975. POST-DISPOSITIONAL PROCEDURES: CHILD IN FOSTER CARE.
(A)-(D) [Unchanged.]
(E) Procedure. Dispositional review hearings must be conducted in accordance with the procedures and rules of evidence applicable to the initial dispositional hearing. The report of the agency that is filed with the court must be accessible to the parties and offered into evidence. The court shall consider any written or oral information concerning the child from the child's parent, guardian, legal custodian, foster parent, child caring institution, or relative with whom a child is placed, in addition to any other relevant and material evidence at the hearing. The court, on request of a party or on its own motion, may accelerate the hearing to consider any element of a case service plan. The court, upon receipt of a local foster care review board's report, shall include the report in the court's confidential social file. The court shall ensure that all parties have had the opportunity to review the report and file objections before a dispositional order, dispositional review order, or permanency planning order is entered. The court may at its discretion include recommendations from the report in its orders.
(F)-(H) [Unchanged.]
RULE 3.976. PERMANENCY PLANNING HEARINGS.
(A)-(C) [Unchanged.]
(D) Hearing Procedure; Evidence.
(1)-(2) [Unchanged.]
(3) The court, upon receipt of a local foster care review board's report-shall include the report in the court's confidential social file. The court shall ensure that all parties have had the opportunity to review the report and file objections before a dispositional order, dispositional review order, or permanency planning order is entered. The court may at its discretion include recommendations from the report in its orders.
(E) [Unchanged.]
Staff Comment: This proposal was recommended by a committee of the Michigan Probate Judges Association in consultation with the Foster Care Review Board. It would require a court to maintain a local foster care review board report in the court's confidential social file, and ensure that all parties have had the opportunity to review the report before the court enters a dispositional order, dispositional review order, or permanency planning order. Courts also could include recommendations from the report in their orders under the proposed language.
The staff comment is not an authoritative construction by the Court.
A copy of this order will be given to the Secretary of the State Bar and to the State Court Administrator so that they can make the notifications specified in MCR 1.201. Comments on these proposals may be sent to the Supreme Court Clerk in writing or electronically by September 1, 2010, at PO. Box 30052, Lansing, MI 48909, or MSC_clerk@courts.mi.gov. When filing a comment, please refer to ADM File No. 2010-09. Your comments and the comments of others will be posted at: www.courts.mi.gov/supremecourt/resources/administrative/index.htm.