16.6Rules of Evidence Applicable to Permanency Planning Hearings
MCR 3.976(D)(2) sets out the rules of evidence applicable to permanency planning hearings:
“The Michigan Rules of Evidence do not apply, other than those with respect to privileges, except to the extent such privileges are abrogated by MCL 722.631.[1] At the permanency planning hearing all relevant and material evidence, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value. The court must consider any written or oral information concerning the child from the child’s parent, guardian, custodian, foster parent, child caring institution, or relative with whom the child is placed, in addition to any other evidence offered at the hearing.[2] The court shall obtain the child’s views regarding the permanency plan in a manner appropriate to the child’s age. The parties must be afforded an opportunity to examine and controvert written reports received and may be allowed to cross-examine individuals who made the reports when those individuals are reasonably available.”
1 MCL 722.631 states “Any legally recognized privileged communication except that between attorney and client or that made to a member of the clergy in his or her professional character in a confession or similarly confidential communication is abrogated and shall not constitute grounds for excusing a report otherwise required to be made or for excluding evidence in a civil child protective proceeding resulting from a report made pursuant to this act. This section does not relieve a member of the clergy from reporting suspected child abuse or child neglect under [MCL 722.633] if that member of the clergy receives information concerning suspected child abuse or child neglect while acting in any other capacity listed under [MCL 722.633].” For a discussion of the abrogation of evidentiary privileges in child protective proceedings, see Section 11.3.
2 See also MCL 712A.19a(14), which requires the court to consider any relevant information about the child, including “the appropriateness of parenting time.”