15.7Hearing on Petition for Out-of-Home Placement
“If a child for whom a petition has been authorized under MCR 3.962 or MCR 3.965[1] is not yet under the jurisdiction of the court and an amended petition has been filed to remove the child from the home, the court shall conduct a hearing on the petition in accordance with MCR 3.965.” MCR 3.974(B)(1).
“If a child is under the jurisdiction of the court and a supplemental petition has been filed to remove the child from the home, the court shall conduct a hearing on the petition. The court shall ensure that the parties are given notice of the hearing as provided in MCR 3.920 and MCR 3.921.[2] Unless the child remains in the home, the court shall comply with the placement provisions in MCR 3.965(C) and must make a written determination that the criteria for placement listed in MCR 3.965(C)(2)[3] are satisfied. If the court orders that the child be placed out of the home, the court shall proceed under [MCR 3.974(D)].” MCR 3.974(B)(2).
“If the child is in placement under [MCR 3.974(B)(2) (postadjudication hearing on petition for out-of-home placement)] . . ., the court shall proceed as follows:
“(1) If the court has not held a dispositional hearing under MCR 3.973,[4] the court shall conduct the dispositional hearing within 28 days after the child is placed by the court, except for good cause shown.
(2) If the court has already held a dispositional hearing under MCR 3.973, a dispositional review hearing must commence no later than 14 days after the child is placed by the court, except for good cause shown. The dispositional review hearing may be combined with the removal hearing for an Indian child prescribed by MCR 3.967.[5] The dispositional review hearing must be conducted in accordance with the procedures and rules of evidence applicable to a dispositional hearing.[6]
(3) The court shall advise the parent, guardian, or legal custodian of the right to appeal the order removing the child from a parent’s care or custody.” MCR 3.974(D).
1 See Section 7.5(B) for petition authorization under MCR 3.962 and Section 7.6(B) for petition authorization under MCR 3.965.
2 See Chapter 5 for notice requirements under MCR 3.920 and MCR 3.921.
3 See Section 8.1(B) for a detailed discussion of requirements on placing a child outside the home under MCR 3.965(C)(2).
4 For a discussion on the dispositional phase of child protective proceedings, see Chapter 13.
5 See Section 19.12 for a detailed discussion of removal hearings for Indian children under MCR 3.967.
6 See Section 13.4 for a discussion on rules of evidence applicable in dispositional hearings.