Chapter 13: Initial Dispositions
In this chapter. . .
This chapter discusses the requirements for initial dispositions. At an initial disposition hearing, the court may enter orders regarding the child’s placement and the treatment and conduct of the respondents and other adults. The court may also consider a request for a termination of parental rights at an initial disposition hearing.1
Specifically, this chapter discusses procedural requirements for initial dispositional hearings, dispositional options, and case service plans. The chapter also addresses the procedures required when additional allegations of child abuse or neglect are made during the dispositional phase of proceedings.
In an effort to provide trial courts with a quick practical guide through the process of initial dispositional hearings, the State Court Administrative Office (SCAO) developed the Toolkit for Judges and Attorneys: Initial Dispositional Hearing (MCR 3.973/MCL 712A.18). This toolkit is accessible at https://www.courts.michigan.gov/administration/offices/child-welfare-services/cws-toolkit/.
13.1Overview of the Dispositional Phase of Child Protective Proceedings
An individual involved in a child protective proceeding may be eligible for admission to a family treatment court program if, among other requirements, “the individual has a substance use disorder,” MCL 600.1099ee(a), and “[t]he allegations contained in the petition [are] related to the abuse, illegal use, or possession of a controlled substance or alcohol,” MCL 600.1099ff(a). See Section 7.7 for information about family treatment courts.
“Child protective proceedings [are] divided into two phases: the adjudicative phase and the dispositional phase.” In re AMAC, 269 Mich App 533, 536 (2006). “The adjudicative phase occurs first and involves a determination whether the trial court may exercise jurisdiction over the child, i.e., whether the child comes within the statutory requirements of MCL 712A.2(b).” In re AMAC, 269 Mich App at 536.
If a court finds that a child is not within the court’s jurisdiction, the court must dismiss the petition. MCL 712A.18(1). See also In re Waite, 188 Mich App 189, 202 (1991).
If a court finds that a child is within the jurisdiction of the court, the dispositional phase follows. In re AMAC, 269 Mich App at 536. See also In re Thompson, 318 Mich App 375, 378 (2016) (noting that “[i]n order to have an initial disposition, there must first be an adjudication”). During the dispositional phase, the court must order return of the child if returning the child “would not cause a substantial risk of harm to the [child] or society,” and the court may also order one or more of the dispositional alternatives contained in MCL 712A.18(1) “that are appropriate for the welfare of the [child] and society in view of the facts proven and ascertained[.] . . .”2 MCL 712A.18(1). See also MCR 3.973(F)(1).
Note: “The court shall not enter an order of disposition until it has examined the case service plan as provided in MCL 712A.18f.” MCR 3.973(F)(2). See Section 13.6 for a detailed discussion of case service plans.
The purpose of the dispositional phase is “to determine what measures the court will take with respect to a child properly within its jurisdiction and, when applicable, against any adult, once the court has determined following trial, plea of admission, or plea of no contest that one or more of the statutory grounds alleged in the petition are true.” MCR 3.973(A). See In re Sanders, 495 Mich 394, 414 n 10 (2014), where the Michigan Supreme Court noted that “the phrase ‘when applicable’ [contained in MCR 3.973(A)] can reasonably—and constitutionally—be interpreted to mean that when the person meeting the definition of ‘any adult’ is a presumptively fit parent, the court’s authority during the dispositional phase is limited by the fact that the state must overcome the presumption of parental fitness by proving the allegations in the [child protective] petition.”
In child protective proceedings, the dispositional phase encompasses:
(1) initial dispositional hearings;
(2) dispositional review hearings;
(3) permanency planning hearings; and
(4) hearings on termination of parental rights.3 See MCR 3.973–MCR 3.977.
No right to a jury trial exists during the dispositional phase of proceedings, even where a supplemental petition is subsequently filed containing new allegations of abuse or neglect. In re Miller (Michelle), 178 Mich App 684, 686 (1989). See also MCR 3.911(A).
The court must hold a dispositional hearing “either immediately following the adjudicative hearing or after proper notice.” In re AMAC, 269 Mich App at 538 (Court of Appeals reversed the trial court’s order terminating respondent-mother’s parental rights, finding the trial court’s failure to afford respondent a dispositional hearing constituted error). See also MCR 3.973(B). See also In re Thompson, 318 Mich App at 376, 379 (where “the circuit court conducted only a termination hearing and considered jurisdiction as an afterthought[]” by “[taking] evidence in one sitting and reach[ing] a termination decision before considering whether jurisdiction was appropriate[,]” the Court of Appeals “vacate[d] the adjudicative and termination orders and remand[ed] to the circuit court to handle the[] proceedings in the manner and order dictated by law[]”).