In re Amendments to Subchapters 3.700 5.900

Full title: Amendments to Subchapters 3.700 and 5.900 of the Michigan Court Rules

Court: Supreme Court of Michigan

Date published: Dec 22, 1999

No. 99-45 (Mich. Dec. 22, 1999)

Opinion

No. 99-45

December 22, 1999.

On order of the Court, because the procedures created in 1998 PA 474-477 (personal protection orders for minors) became effective March 1, 1999, and provide only limited guidance concerning whether and to what extent existing PPO procedural rules or rules for Juvenile Code proceedings apply, we declare a need for immediate action; the notice requirements of MCR 1.201 are dispensed with and the following amendments to subchapters 3.700 and 5.900 of the Michigan Court Rules are adopted, effective January 10, 2000. Interested persons are invited to submit comments on the substance and form of the rules to the Clerk of the Supreme Court and to participate in scheduled public hearings if they choose. A schedule of public hearings is available through the Clerk of the Court. The deadline for furnishing comments is June 30, 2000.

The State Court Administrative Office is directed to review any inconsistencies between the statutes and court rules and the administrative impact on the courts. That office is directed to report to the Court by January 10, 2001.

Staff Comment. These rules clarify the procedure applicable to the new minor personal protection orders ("minor PPOs") created in 1998 PA 474-477, which went into effect March 1, 1999. Because the new statutes do not make clear whether existing PPO procedural rules apply or rules for Juvenile Code proceedings apply, these rules are promulgated to assure consistency in the processing of minor PPOs in Michigan's Circuit Court Family Divisions. Immediate adoption has been ordered to provide needed procedural guidance for courts already facing minor PPO cases.

[The present language is amended as indicated below.]

SUBCHAPTER 3.700 PERSONAL PROTECTION PROCEEDINGS

RULE 3.701 APPLICABILITY OF RULES; FORMS

(A) Scope. Except as provided by this subchapter of rules and the provisions of MCL 600.2950; MSA 27A.2950 and MCL 600.2950a; MSA 27A.2950(1), action for personal protection for relief against domestic violence or stalking are governed by the Michigan Court Rules. Procedure related to personal protection orders against adults is governed by this subchapter. Procedure related to personal protection orders against minors is governed by subchapter 5.900, except as noted in MCR 5.981.

(B) Forms. [UNCHANGED]

RULE 3.702 DEFINITIONS

When used in this subchapter, unless the context otherwise indicates:

(1)-(5) [UNCHANGED]

(6) "minor" means a person under the age of 18.

(7) "minor personal protection order" means a personal protection order issued by a court against a minor and under jurisdiction granted by MCL 712A.2(h); MSA 27.3178(598.2)(h).

RULE 3.703 COMMENCING A PERSONAL PROTECTION PROCEEDING

(A) [UNCHANGED]

(B) Petition in General. The petition must

(1)-(3) [UNCHANGED]

(4) state whether an ex parte order is being sought; and

(5) state whether a personal protection order action involving the same parties has been commenced in another jurisdiction; and

(65) be signed by the party or attorney as provided in MCR 2.114. The petitioner may omit his or her residence address from the documents filed with the court, but must provide the court with a mailing address.

(C) Petition Against a Minor. In addition to the requirements outlined in (B), a petition against a minor must list:

(1) the minor's name, address, and either age or date of birth; and

(2) if known or can be easily ascertained, the names and addresses of the minor's parent or parents, guardian, or custodian.

( C D) Other Pending Actions; Order; Judgments. [UNCHANGED]

( D E) Venue.

(1) If the respondent is an adult, Tthe petitioner may file a personal protection action in any county in Michigan regardless of residency.

(2) If the respondent is a minor, the petitioner may file a personal protection order in either the petitioner's or respondent's county of residence. If the respondent does not live in this state, venue for the action is proper in the petitioner's county of residence.

(F) Minor or Legally Incapacitated Person as Petitioner. [UNCHANGED]

(G) Request for Ex Parte Order. [UNCHANGED]

RULE 3.704 DISMISSAL

[UNCHANGED]

RULE 3.705 ISSUANCE OF PERSONAL PROTECTION ORDERS

(A) [UNCHANGED]

(B) Hearings.

(1) [UNCHANGED]

(2) The petitioner shall serve on the respondent notice of the hearing on the respondent along with the petition as provided in MCR 2.105(A). If the respondent is a minor, and the whereabouts of the respondent's parent or parents, guardian, or custodian is known, the petitioner shall also in the same manner serve notice of the hearing and the petition on the respondent's parent or parents, guardian, or custodian. One day before the hearing is deemed sufficient notice to the respondent.

(3)-(6) [UNCHANGED]

RULE 3.706 ORDERS

(A) Form and Scope of Order. An order granting a personal protection order must include the following:

(1)-(2) [UNCHANGED]

(3) A statement that violation of the personal protection order will subject the individual restrained or enjoined to immediate arrest and the civil and criminal contempt powers of the court, and that if the respondent is found guilty of criminal contempt, he or she shall be imprisoned for not more than 93 days and may be fined not more than $500.00. to either of the following:

(a) If the respondent is 17 years of age or more, immediate arrest and, if the respondent is found guilty of criminal contempt, imprisonment for not more than 93 days and may be fined not more than $500; or

(b) If the respondent is less than 17 years of age, immediate apprehension and, if the respondent is found in contempt, the dispositional alternatives listed in MCL 712A.18; MSA 27.3178(598.18).

(4)-(7) [UNCHANGED]

(B)-(C) [UNCHANGED]

(D) Service. The petitioner shall serve the order on the respondent as provided in MCR 2.105(A). If the respondent is a minor, and the whereabouts of the respondent's parent or parents, guardian, or custodian is known, the petitioner shall also in the same manner serve the order on the respondent's parent or parents, guardian, or custodian. On an appropriate showing, the court may allow service in another manner as provided in MCR 2.105(I). Failure to serve the order does not affect its validity or effectiveness.

(E) Oral Notice. [UNCHANGED]

RULE 3.707 MODIFICATION OR RECISION OF ORDER

(A) Time for Filing and Service.

(1) [UNCHANGED]

(2) The moving party shall serve the motion to modify or rescind the order and the notice of hearing at least 7 days before the hearing date as provided in MCR 2.105(A)(2) to the mailing address or addresses provided to the court. On an appropriate showing, the court may allow service in another manner as provided in MCR 2.105(I). If the moving party is a respondent who is issued a license to carry a concealed weapon and is required to carry a weapon as condition of his or her employment, a police officer certified by the Michigan law enforcement training council act of 1965, 1965 PA 203, MCL 28.601 to 28.616, a sheriff, a deputy sheriff or a member of the Michigan department of state police, a local corrections officer, department of corrections employee, or a federal law enforcement officer who carries a firearm during the normal course of his or her employment, providing notice one day before the hearing is deemed as sufficient notice to the petitioner.

(B)-(C) [UNCHANGED]

RULE 3.708 CONTEMPT PROCEEDINGS FOR VIOLATION OF PERSONAL PROTECTION ORDERS

(A) In General.

(1) A personal protection order is enforceable under MCL 600.2950(22), (25); MSA 27A.2950(22), (25), MCL 600.2950a(19), (22); MSA 27A.2950(1)(19), (22), MCL 764.15b; MSA 28.874(2), and MCL 600.1701 et seq.; MSA 27A.1701 et seq.

(2) Proceedings to enforce a minor personal protection order where the respondent is under 18 are governed by subchapter 5.900. Proceedings to enforce a personal protection order issued against an adult, or to enforce a minor personal protection order still in effect when the respondent is 18 or older, are governed by this rule.

(23) A contempt proceeding brought in a court other than the one that issued the personal protection order shall be entitled "In the Matter of Contempt of [Respondent]". The clerk shall provide a copy of the contempt proceeding to the court that issued the personal protection order.

(3) If the contempt proceeding involves a minor respondent, any detention of the minor, whether before or after sentencing of the minor, must be maintained separately from adult prisoners to prevent any verbal, visual, or physical contact with an adult prisoner.

(B)-(E) [UNCHANGED]

(F) Scheduling or Postponing Hearing. (1) Following the respondent's appearance or arraignment, the court shall do the following:

(1) Set a date for the hearing at the earliest practicable time except as required under MCL 764.15b; MSA 28.874(2).

(a) The hearing of a respondent being held in custody for an alleged violation of a personal protection order must be held within 72 hours after the arrest, unless extended by the court on the motion of the arrested individual or the prosecuting attorney, or the court must order the respondent released from custody pending the hearing.

(b) [UNCHANGED]

(c) [UNCHANGED]

(2)-(3) [UNCHANGED]

(G)-(H) [UNCHANGED]

RULE 3.709 APPEALS

(A) Rules Applicable. Except as provided by this rule, appeals involving personal protection order matters must comply with subchapter 7.200. Appeals involving minor personal protection actions under the Juvenile Code must additionally comply with MCR 5.993.

(B)-(C) [UNCHANGED]

SUBCHAPTER 5.900 PROCEEDINGS UNDER THE JUVENILE CODE

RULE 5.901 APPLICABILITY OF RULES

(A) Scope. [UNCHANGED]

(B) Application. Unless the context otherwise indicates:

(1)-(2) [UNCHANGED]

(3) MCR 5.951-5.956 apply only to designated proceedings.;

(4) MCR 5.961-5.974 apply only to child protective proceedings.;

(5) MCR 5.981-5.989 apply only to minor personal protection order proceedings.

RULE 5.903 DEFINITIONS

(A)-(D) [UNCHANGED]

(E) Minor Personal Protection Order Proceedings. When used in minor personal protection order proceedings, unless the context otherwise indicates:

(1) "minor personal protection order" means a personal protection order issued by a court against a minor and under jurisdiction granted by MCL 712A.2(h); MSA 27.3178(598.2)(h).

(2) "original petitioner" means, in the context of minor personal protection order enforcement proceedings, the person who originally petitioned for the minor personal protection order.

RULE 5.913 REFEREES

(A) Assignment of Matters to Referees.

(1) General. Subject to the limitation set forth in subrules (A)(2) and (A)(3), the court may assign a referee to conduct a preliminary inquiry or to preside at a hearing other than: (a) a jury trial; (b) a waiver proceeding pursuant to MCR 5.950; (c) or a preliminary examination, trial or sentencing of a designated case; or (d) a proceeding on the issuance, modification, or termination of a minor personal protection order, and to make recommended findings and conclusions.

(2)-(4) [UNCHANGED]

(5) Minor Personal Protection Actions. Only a referee licensed to practice law in Michigan may preside at a hearing for the enforcement of a minor personal protection order, including preliminary hearings, violation hearings, dispositional phases, and supplemental disposition hearings.

(B)-(C) [UNCHANGED]

RULE 5.981 MINOR PERSONAL PROTECTION ORDERS; ISSUANCE; MODIFICATION; RECISION; APPEAL

Procedure on the issuance, dismissal, modification, or recision of minor personal protection orders is pursuant to subchapter 3.700. Procedure on appeals related to minor personal protection orders is pursuant to MCR 3.709 and MCR 5.993.

RULE 5.982 ENFORCEMENT OF MINOR PERSONAL PROTECTION ORDERS

(A) In General. A minor personal protection order is enforceable under MCL 600.2950(22), (25); MSA 27A.2950(22), (25), MCL 600.2950a(19), (22); MSA 27A.2950(1)(19), (22), MCL 764.15b; MSA 28.874(2), and MCL 600.1701 et seq.; MSA 27A.1701 et seq. (B) Procedure. Unless indicated otherwise in these rules, contempt proceedings for the enforcement of minor personal protection orders where the respondent is under 18 years of age are governed by MCR 5.982-5.989.

(C) Supplemental Petition.

(1) Any request for court action against a minor for purposes of enforcing a minor personal protection order must be in writing by means of a supplemental petition. The supplemental petition must contain a specific description of the facts constituting a violation of the personal protection order.

(2) The supplemental petition may be submitted only by the original petitioner, a law enforcement officer, a prosecuting attorney, a probation officer, or a caseworker.

(D) Form of Proceeding. A contempt proceeding brought in a court other than the one that issued the minor personal protection order shall be entitled "In the Matter of Contempt of [Respondent], a minor". The clerk shall provide a copy of the contempt proceeding to the court that issued the minor personal protection order.

5.983 INITIATION OF CONTEMPT PROCEEDING BY ORIGINAL PETITIONER

(A) Filing; Scheduling. If a respondent allegedly violates a minor personal protection order, the original petitioner may submit a supplemental petition to have the respondent found in contempt. Upon receiving the supplemental petition, the court shall either:

(1) set a date for a preliminary hearing on the supplemental petition, to be held as soon as practicable, and issue a summons to appear; or

(2) issue an order authorizing a peace officer or other person designated by the court to apprehend the respondent.

(B) Service. If the court sets a date for a preliminary hearing upon receiving the supplemental petition, the petitioner shall, at least 7 days before the preliminary hearing, serve, as provided in MCR 5.920, the supplemental petition and summons on the respondent and, if the relevant address or addresses is or are known or easily ascertainable, on the parent or parents, guardian, or custodian.

(C) Order To Apprehend.

(1) The court order to apprehend the respondent may include authorization to:

(a) enter specified premises as required for the purpose of bringing the minor before the court, and

(b) detain the minor pending preliminary hearing if it appears there is a substantial likelihood of retaliation or continued violation.

(2) Upon apprehending a minor respondent under a court order, the officer shall comply with MCR 5.984(B), (C).

5.984 APPREHENSION OF ALLEGED VIOLATOR

(A) Apprehension; Release to Parent, Guardian, or Custodian.

When an officer apprehends a minor for violation of a minor personal protection order without a court order for apprehension and does not warn and release the minor, the officer may accept a written promise of the minor's parent(s), guardian, or custodian to bring the minor to court, and release the minor to the parent(s), guardian, or custodian.

(B) Custody; Detention.

When, pursuant to a court order, an officer apprehends a minor in relation to a minor personal protection order and the court order specifies that the minor is to be brought directly to court, or when, without a court order, an officer apprehends a minor for an alleged violation of a minor personal protection order and either the officer has failed to get a written promise from the minor's parent(s), guardian, or custodian to bring the minor to court, or it appears to the officer that there is a substantial likelihood of retaliation or violation by the minor, the officer shall immediately:

(1) if the whereabouts of the minor's parent or parents, guardian, or custodian is known, inform the minor's parent or parents, guardian, or custodian of the minor's apprehension and of the minor's whereabouts and of the need for the parent or parents, guardian, or custodian to be present at the preliminary hearing;

(2) take the minor

(a) before the court for a preliminary hearing, or

(b) to a place designated by the court pending the scheduling of a preliminary hearing;

(3) prepare a custody statement for submission to the court including:

(a) the grounds for and the time and location of detention, and

(b) the names of persons notified and the times of notification, or the reason for failure to notify.

(4) ensure that a supplemental petition is prepared and filed with the court.

(C) Separate Custody.

While awaiting arrival of the parent(s), guardian, or custodian, appearance before the court, or otherwise, a minor under 17 years of age must be maintained separately from adult prisoners to prevent any verbal, visual, or physical contact with an adult prisoner.

(D) Designated Court Person.

The court must designate a judge, referee or other person who may be contacted by the officer taking a minor under 17 into custody when the court is not open. In each county there must be a designated facility open at all times at which an officer may obtain the name of the person to be contacted for permission to detain the minor pending preliminary hearing.

(E) Out-of-County Violation.

Subject to MCR 5.985(H), if a minor is apprehended for violation of a minor personal protection order in a jurisdiction other than the jurisdiction where the minor personal protection order was issued, the apprehending jurisdiction may notify the issuing jurisdiction that it may request that the respondent be returned to the issuing jurisdiction for enforcement proceedings.

5.985 PRELIMINARY HEARING

(A) Time.

(1) Commencement. If the respondent was apprehended or arrested for violation of a minor personal protection order or was apprehended or arrested under a court order, and the respondent is taken into court custody or is jailed, the preliminary hearing must commence no later than 24 hours after the minor was apprehended or arrested, excluding Sundays and holidays, or the minor must be released. Otherwise, the preliminary hearing must commence as soon as practicable after the apprehension or arrest, or submission of a supplemental petition by the original petitioner.

(2) General Adjournment. The court may adjourn the hearing for up to 14 days:

(a) to secure the attendance of witnesses or the minor's parent, guardian, or custodian, or

(b) for other good cause shown.

(B) Procedure.

(1) The court shall determine whether the parent, guardian, or custodian has been notified and is present. The preliminary hearing may be conducted without a parent, guardian, or custodian provided a guardian ad litem or attorney appears with the minor.

(2) Unless waived by the respondent, the court shall read the allegations in the supplemental petition, and ensure that the respondent has received written notice of the alleged violation.

(3) Immediately after the reading of the allegations, the court shall advise the respondent on the record in plain language of the right to:

(a) contest the allegations at a violation hearing;

(b) an attorney at every stage in the proceedings, and, if the court determines it might sentence the respondent to jail or place the respondent in secure detention, the fact that the court will appoint a lawyer at public expense if the respondent wants one and is financially unable to retain one;

(c) a nonjury trial and that a referee may be assigned to hear the case unless demand for a judge is filed pursuant to MCR 5.912;

(d) have witnesses against the respondent appear at a violation hearing and to question the witnesses;

(e) have the court order any witnesses for the respondent's defense to appear at the hearing; and

(f) remain silent and to not have the respondent's silence used against the respondent, and that any statement by the respondent may be used against him or her.

(4) The court must decide whether to authorize the filing of the supplemental petition and proceed formally, or dismiss the supplemental petition.

(5) The respondent must be allowed an opportunity to deny or otherwise plead to the allegations. If the respondent wishes to enter a plea of admission or of nolo contendere, the court shall follow MCR 5.986.

(6) If the court authorizes the filing of the supplemental petition, the court must:

(a) set a date and time for the violation hearing, or, following a plea, either enter a dispositional order or set the matter for dispositional hearing; and

(b) either release the respondent pursuant to subrule (E) or order detention of the respondent as provided in subrule (F).

(C) Notification. Following the preliminary hearing, if the respondent denies the allegations in the supplemental petition, the court must:

(1) notify the prosecuting attorney of the scheduled violation hearing;

(2) notify the respondent, his or her attorney, if any, and his or her parent(s), guardian, or custodian of the scheduled violation hearing and direct the parties to appear at the hearing and give evidence on the charge of contempt;

(3) cause notice of hearing to be given by personal service or ordinary mail at least 7 days before the violation hearing, unless the respondent is detained, in which case notice of hearing is to be served at least 24 hours prior to the hearing.

(D) Absence of Respondent. If the respondent was notified of the preliminary hearing and fails to appear for the preliminary hearing, the court may issue an order in accordance with MCR 5.983(C) authorizing a peace officer or other person designated by the court to apprehend the respondent. If the respondent is under 17 years of age, the court may order the respondent detained pending a hearing on the apprehension order; if the court releases the respondent it may set bond for the respondent's appearance at the violation hearing. If the respondent is 17 years of age, the court may order the respondent confined to jail pending a hearing on the apprehension order; if the court releases the respondent it must set bond for the respondent's appearance at the violation hearing.

(E) Release of Respondent.

(1) Subject to the conditions set forth in subrule (F), the respondent may be released, with conditions, to a parent, guardian, or custodian pending the resumption of the preliminary hearing or pending the violation hearing after the court considers available information on

(a) family ties and relationships,

(b) the minor's prior juvenile delinquency or minor personal protection order record, if any,

(c) the minor's record of appearance or nonappearance at court proceedings,

(d) the violent nature of the alleged violation,

(e) the minor's prior history of committing acts that resulted in bodily injury to others,

(f) the minor's character and mental condition,

(g) the court's ability to supervise the minor if placed with a parent or relative,

(h) the likelihood of retaliation or violation of the order by the respondent, and

(i) any other factor indicating the minor's ties to the community, the risk of nonappearance, and the danger to the respondent or the original petitioner if the respondent is released.

(2) Bail procedure is pursuant to MCR 5.935(C)(2)-(3), (5)-(7).

(F) Detention Pending Violation Hearing.

(1) Conditions. A minor shall not be removed from the parent, guardian, or custodian pending violation hearing or further court order unless:

(a) probable cause exists to believe the minor violated the minor personal protection order; and

(b) at the preliminary hearing the court finds one or more of the following circumstances to be present:

(i) there is a substantial likelihood of retaliation or continued violation by the minor who allegedly violated the minor personal protection order;

(ii) there is a substantial likelihood that if the minor is released to the parent, with or without conditions, the minor will fail to appear at the next court proceeding; or

(iii) detention pending violation hearing is otherwise specifically authorized by law.

(2) Waiver. A minor respondent in custody may waive the probable cause phase of a detention determination only if the minor is represented by an attorney.

(3) Evidence; Findings. At the preliminary hearing the minor respondent may contest the sufficiency of evidence to support detention by cross-examination of witnesses, presentation of defense witnesses, or by other evidence. The court shall permit the use of subpoena power to secure attendance of defense witnesses. A finding of probable cause under subsection (1)(a) may be based on hearsay evidence which possesses adequate guarantees of trustworthiness.

(4) Type of Detention. The detained minor must be placed in the least restrictive environment that will meet the needs of the minor and the public, and that will conform to the requirements of MCL 712A.15, 712A.16; MSA 27.3178 (598.15), 27.3178 (598.16).

(G) Findings. At the preliminary hearing the court must state the reasons for its decision to release the minor, or to detain the minor, on the record or in a written memorandum.

(H) Out-of-County Violation. If a minor is apprehended for violation of a minor personal protection order in a jurisdiction other than the jurisdiction where the minor personal protection order was issued, and the apprehending jurisdiction conducts the preliminary hearing, and the apprehending jurisdiction has not already notified the issuing jurisdiction that it may request that the respondent be returned to the issuing jurisdiction for enforcement proceedings, the apprehending jurisdiction shall so notify the issuing jurisdiction immediately following the preliminary hearing.

5.986 PLEAS OF ADMISSION OR NO CONTEST

(A) Capacity. A minor may offer a plea of admission or of no contest to the violation of a minor personal protection order with the consent of the court. The court shall not accept a plea to a violation unless the court is satisfied that the plea is accurate, voluntary, and understanding.

(B) Qualified Pleas. The court may accept a plea of admission or of no contest conditioned on preservation of an issue for appellate review.

(C) Support of Plea by Parent, Guardian, Custodian. The court shall inquire of the parent(s), guardian, custodian, or guardian ad litem whether he or she knows of any reason why the court should not accept the plea tendered by the minor. Agreement or objection by the parent, guardian, custodian, or guardian ad litem to a plea of admission or of no contest by a minor must be placed on the record if he or she is present.

(D) Plea Withdrawal. The court may take a plea of admission or of no contest under advisement. Before the court accepts the plea, the minor may withdraw the plea offer by right. After the court accepts the plea, the court has discretion to allow the minor to withdraw a plea.

5.987 VIOLATION HEARING

(A) Time. Upon completion of the preliminary hearing the court shall set a date and time for the violation hearing if the respondent denies the allegations in the supplemental petition. The violation hearing must be held within 72 hours of apprehension, excluding Sundays and holidays, if the respondent is detained. If the respondent is not detained the hearing must be held within 21 days.

(B) Prosecution After Apprehension. If a criminal contempt proceeding is commenced under MCL 764.15b; MSA 28.874(2), the prosecuting attorney shall prosecute the proceeding unless the petitioner retains an attorney to prosecute the criminal contempt proceeding.

(C) Preliminary Matters. The court shall

(1) determine whether all parties have been notified and are present.

(a) The respondent has the right to be present at the violation hearing along with parents, guardian, or custodian, and guardian ad litem and attorney.

(b) The court may proceed in the absence of a parent properly noticed to appear, provided the respondent is represented by an attorney.

(c) The original petitioner has the right to be present at the violation hearing.

(2) read the allegations contained in the supplemental petition, unless waived.

(3) inform the minor of the right to the assistance of an attorney unless legal counsel appears with the minor, and inform the minor that if the court determines it might sentence the respondent to jail or place the respondent in secure detention then the court will appoint a lawyer at public expense if the respondent wants one and is financially unable to retain one. If the juvenile requests to proceed without the assistance of counsel, the court must advise the minor of the dangers and disadvantages of self-repesentation and make sure the minor is competent to conduct the defense and is literate.

(D) Jury. There is no right to a jury trial.

(E) Conduct of the Hearing. The respondent has the right to be present at the hearing, to present evidence, and to examine and cross-examine witnesses.

(F) Evidence; Burden of Proof. The rules of evidence apply to both criminal and civil contempt proceedings. The petitioner or the prosecuting attorney has the burden of proving the respondent's guilt of criminal contempt beyond a reasonable doubt and the respondent's guilt of civil contempt by a preponderance of the evidence.

(G) Judicial Findings. At the conclusion of the hearing, the court must make specific findings of fact, state separately its conclusions of law, and direct entry of the appropriate judgment. The court must state its findings and conclusions on the record or in a written opinion made a part of the record.

5.988 DISPOSITIONAL PHASE

(A) Time. The time interval between the entry of judgment finding a violation of a minor personal protection order and disposition, if any, is within the court's discretion, but may not be more than 35 days. When the minor is detained, the interval may not be more than 14 days, except for good cause.

(B) Presence of Respondent and Petitioner.

(1) The respondent may be excused from part of the dispositional hearing for good cause, but the respondent must be present when the disposition is announced.

(2) The petitioner has the right to be present at the (dispositional hearing.

(C) Evidence.

(1) At the dispositional hearing all relevant and material evidence, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value, even though such evidence may not be admissible at the violation hearing.

(2) The respondent, or the respondent's attorney, and the petitioner 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) No assertion of an evidentiary privilege, other than the privilege between attorney and client, shall prevent the receipt and use, at the dispositional phase, of materials prepared pursuant to a court-ordered examination, interview, or course of treatment.

(D) Dispositions.

(1) If a minor respondent at least 17 years of age pleads or is found guilty of criminal contempt, the court may impose a sentence of incarceration of up to 93 days and may impose a fine of not more than $500.

(2) If a minor respondent pleads or is found guilty of civil contempt, the court shall

(a) impose a fine or imprisonment as specified in MCL 600.1715 and 600.1721; MSA 27A.1715 and 27A.1721, if the respondent is at least 17 years of age.

(b) subject the respondent to the dispositional alternatives listed in MCL 712A.18; MSA 27.3178(598.18), if the respondent is under 17 years of age.

(3) In addition to the sentence, the court may impose other conditions to the minor personal protection order.

RULE 5.989 SUPPLEMENTAL DISPOSITIONS

When it is alleged that a minor placed on probation for the violation of a minor personal protection order has violated a condition of probation, the court shall follow the procedures for supplemental disposition as outlined in MCR 5.944.

Kelly, J. (dissenting).

I would submit these rules to public hearing before adopting them. This Court has resolved to give itself and the public the benefit of public hearing before promulgating new rules, except in instances where a clear need for immediate action is shown. I have been informed of no such need here. 1998 PA 474-477 was enacted on January 4, 1999. Courts with jurisdiction over minor PPO cases have been dealing with requests for PPO's, potentially, since March 1, 1999. The brief delay required for public input to these rules now in December could only improve the procedural guidance they furnish and avoid the faults they may contain.