15.4Procedures and Rules of Evidence

MCR 3.975(E) (applicable to children who have been placed in foster care) sets out the required procedures and rules of evidence for dispositional review hearings:

“Dispositional review hearings must be conducted in accordance with the procedures and rules of evidence applicable to the initial dispositional hearing.^[1] The Agency shall provide to all parties all reports in its case file, including but not limited to initial and updated case service plans, treatment plans, psychological evaluations, psychiatric evaluations, substance abuse evaluations, drug and alcohol screens, therapists’ reports, contracted service provider reports, and parenting time logs. The reports shall be provided to the parties at least seven (7) days before the hearing. The reports that are filed with the court must be offered into evidence. The court shall consider any written or oral information concerning the child from the child’s parent, guardian, legal custodian, foster parent, child caring institution, or relative with whom a child is placed, in addition to any other relevant and material evidence at the hearing.^[2] The court, on request of a party or on its own motion, may accelerate the hearing to consider any element of a case service plan. The court, upon receipt of a local foster care review board’s report, shall include the report in the court’s confidential social file. The court shall ensure that all parties have had the opportunity to review the report and file objections before a dispositional order, dispositional review order, or permanency planning order is entered. The court may at its discretion include recommendations from the report in its orders.”

For proceedings under MCR 3.974(A) (dispositional review hearings applicable to children placed at home), the rules of evidence do not apply except those with respect to privileges as governed by MCL 722.631. See MCR 3.901(A)(3), which states that the rules of evidence do not apply to child protective proceedings unless a court rule specifically provides otherwise.

For dispositional review hearings being conducted pursuant to MCR 3.974(D)(2) for a child in placement under MCR 3.974(B)(2) (postadjudication hearing on petition for out-of-home placement) or MCR 3.974(C)(3)(b) (postadjudication hearing following emergency removal of child from home), the rules of evidence applicable to a dispositional hearing apply. MCR 3.974(D)(2).

If an agency responsible for the care and supervision of the child advises the court not to place a child in the custody of the child’s parent, guardian, or custodian, the agency must submit a written report to the court stating:

“what efforts were made to prevent the child’s removal from his or her home[;] or

the efforts made to rectify the conditions that caused the child’s removal from his or her home.”³ MCL 712A.18f(1). See also MCR 3.973(E)(2).