17.10Court’s Required Findings

MCR 3.977(I) sets out the requirements for a court’s findings following a hearing on termination of parental rights:

“(1) General. The court shall state on the record or in writing its findings of fact and conclusions of law. Brief, definite, and pertinent findings and conclusions on contested matters are sufficient. If the court does not issue a decision on the record following hearing, it shall file its decision within 28 days after the taking of final proofs, but no later than 70 days after the commencement of the hearing to terminate parental rights.^[1]

(2) Denial of Termination. If the court finds that the parental rights of respondent should not be terminated, the court must make findings of fact and conclusions of law.

(3) Order of Termination. An order terminating parental rights under the Juvenile Code may not be entered unless the court makes findings of fact, states its conclusions of law, and includes the statutory basis for the order.”

“The court’s failure to issue an opinion within 70 days does not dismiss the petition.” MCL 712A.19b(1). See also In re TC, 251 Mich App 368, 370-371 (2002) (trial court’s failure to issue an opinion within the 70-day requirement under MCR 3.977(I)(1) did not require the trial court to reverse its order terminating the respondent-mother’s parental rights where “[t]he Court [of Appeals] has consistently interpreted MCR [3.977(I)(1)²] as not requiring dismissal where the time limits set forth in that section have been violated[,] [t]here is no reason to suppose that the [Michigan] Supreme Court intended that the penalty for delay would be more delay[, and] . . . the [Michigan] Supreme Court [] stated in the court rules [under MCR 2.613(A)³] that a trial court’s error in issuing a ruling or order or an error in the proceedings is not grounds for th[e] Court [of Appeals] to reverse or otherwise disturb an order unless th[e] Court [of Appeals] believes that failure to do so would be inconsistent with substantial justice[]”).

Under MCR 3.977(G) additional findings must be made when terminating the parental rights of an Indian child’s parent:⁴

“In addition to the required findings in this rule, the parental rights of a parent of an Indian child must not be terminated unless:

(1) the court is satisfied that active efforts as defined in MCR 3.002^[5] have been made to provide remedial service and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proved unsuccessful, and

(2) the court finds evidence beyond a reasonable doubt, including testimony of at least one qualified expert witness, as described in MCL 712B.17, that parental rights should be terminated because continued custody of the child by the parent or Indian custodian will likely result in serious emotional or physical damage to the child.”