13.13Additional Allegations of Abuse or Neglect

“If the agency becomes aware of additional abuse or neglect of a child who is under the court’s jurisdiction and if that abuse or neglect is substantiated as provided in the child protection law, . . . MCL 722.621 to [MCL] 722.638, the agency shall file a supplemental petition with the court.” MCL 712A.19(1).

When allegations of additional abuse or neglect are made, the following procedures must be followed:

“(1) Proceedings on a supplemental petition seeking termination of parental rights on the basis of allegations of additional abuse or neglect, as defined in MCL 722.622(g) and [MCL 722.622(k)], of a child who is under the jurisdiction of the court are governed by MCR 3.977.^[1]

(2) Where there is no request for termination of parental rights, proceedings regarding allegations of additional abuse or neglect, as defined in MCL 722.622(g) and [MCL 722.622(k)], 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.”² MCR 3.973(J).

Proceedings regarding additional allegations of abuse or neglect are dispositional in nature:

“Once a case enters the dispositional phase, any subsequently filed petition which alleges new instances of abuse or neglect of the minor children does not create an entirely new case which requires the . . . court to redetermine jurisdiction and thus afford the respondent the right to a jury trial. The new charges fall within the continuation of the original proceeding. The hearing on such a petition is dispositional in nature, and no right to a jury trial exists.” In re Miller (Michelle), 178 Mich App 684, 686 (1989).