Chapter 11: Common Evidentiary Issues in Child Protective Proceedings

In this chapter. . .

This chapter discusses rules of evidence that apply specifically to child protective proceedings, such as the abrogation of privileges, the admissibility of hearsay statements by children under 10 years old, and the admissibility of evidence of maltreatment of a sibling. It also discusses generally applicable rules of evidence that are frequently at issue in child protective proceedings, such as hearsay exceptions, witness competence, expert witness testimony, and the admissibility of photographic evidence.

11.1Applicability of Michigan Rules of Evidence in Child Protective Proceedings

“The Michigan Rules of Evidence, except with regard to privileges, do not apply to proceedings under this subchapter, except where a rule in this subchapter specifically so provides.” MCR 3.901(A)(3). See also MRE 1101(b)(7) (the Michigan Rules of Evidence, other than those with respect to privileges, do not apply wherever a rule in Subchapter 3.900 states that they do not apply).

See Appendix C for the applicability of the Michigan Rules of Evidence during Child Protective Proceedings.