17.5Termination of Parental Rights in Other Cases
Following a dispositional review hearing under MCR 3.975, a progress review hearing under MCR 3.974, or a permanency planning hearing under MCR 3.976, the court:
(1) must hold a hearing to decide whether to terminate parental rights after a supplemental petition1 is filed based on one of more grounds listed in MCL 712A.19b(3) if:
(a) the child is within the court’s jurisdiction,
(b) parental rights over the child were not terminated at an initial dispositional hearing under MCR 3.977(E) or at a hearing on a supplemental petition on the basis of different circumstances under MCR 3.977(F), and
(c) the child is in foster care or in the custody of a guardian or limited guardian.2
(2) may hold a hearing to decide whether to terminate parental rights after a supplemental petition is filed based on one or more grounds listed in MCL 712A.19b(3) if:
(a) the child is within the court’s jurisdiction,
(b) parental rights over the child were not terminated at an initial dispositional hearing under MCR 3.977(E) or at a hearing on a supplemental petition on the basis of different circumstances under MCR 3.977(F), and
(c) the child is not in foster care.3 MCL 712A.19b(1); MCR 3.977(H).
“The supplemental petition for termination of parental rights may be filed at any time after the initial dispositional review hearing, progress review, or permanency planning hearing, whichever occurs first.” MCR 3.977(H)(1)(a).
The court must hold a hearing on a supplemental petition for termination of parental rights within 42 days after the supplemental petition is filed. MCR 3.977(F)(2). The court may extend the hearing for an additional 21 days on a showing of good cause. Id. The court rule does not expressly prohibit a trial court from granting a 21-day continuance in addition to the initial 21 days. In re King, 186 Mich App 458, 462 (1990) (“the second continuance was granted at the request and with the express consent of the respondents, and constituted good cause”). See also In re Jackson, 199 Mich App 22, 28-29 (1993) (citing King, 186 Mich App at 461, and expressly holding that “[t]he trial court may extend the time for a hearing beyond the additional twenty-one days” and noting that the respondent was not prejudiced by the extensions and, in fact, could have benefited from the additional time to improve her compliance with the court’s order).
“Parties shall make disclosures as detailed in MCR 3.922(A) at least 21 days prior to the termination hearing and have rights to discovery consistent with that rule. The Michigan Rules of Evidence do not apply at the hearing, other than those with respect to privileges, except to the extent such privileges are abrogated by MCL 722.631. At the 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 parties must be afforded an opportunity to examine and controvert written reports received by the court and shall be allowed to cross-examine individuals who made the reports when those individuals are reasonably available.” MCR 3.977(H)(2).
“The court must order termination of the parental rights of a respondent and must order that additional efforts for reunification of the child with the respondent must not be made,[4] if the court finds
(a) on the basis of clear and convincing evidence admitted pursuant to subrule (H)(2) that one or more facts alleged in the petition:
(i) are true; and
(ii) come within MCL 712A.19b(3)[; and]
(b) that termination of parental rights is in the child’s best interests.” MCR 3.977(H)(3).
1 For purposes of child protective proceedings, “‘[s]upplemental petition’ means: (a) a written allegation, verified in the manner provided in MCR 1.109(D)(3), that a parent, for whom a petition was authorized, has committed an additional offense since the adjudication of the petition, or (b) a written allegation, verified in the manner provided in MCR 1.109(D)(3), that a nonrespondent parent is being added as an additional respondent in a case in which an original petition has been authorized and adjudicated against the other parent under MCR 3.971 or MCR 3.972, or (c) a written allegation, verified in the manner provided in MCR 1.109(D)(3), that requests the court terminate parental rights of a parent or parents under MCR 3.977(F) or MCR 3.977(H).” MCR 3.903(C)(13). MCR 3.903(C)(8) defines a nonrespondent parent as “a parent who is not named as a respondent in a petition filed under MCL 712A.2(b).”
2 MCR 3.977(H) only requires a hearing “if the child is in foster care”; MCL 712A.19b(1) requires a hearing if the child is in foster care or under the custody of a guardian or limited guardian.
3 A child need not be placed in foster care before a court may entertain a petition requesting the termination of a respondent-parent’s parental rights. In re Marin, 198 Mich App 560, 568 (1993) (although the trial court is obligated under MCL 712A.19b(1) to conduct a hearing on termination when the child remains in foster care, that section does not otherwise limit the conditions under which a petition for termination may be entertained). See In re Medina, 317 Mich App 219, 232 (2016), declining to declare a conflict under MCR 7.215(J)(2) with the In re Marin Court’s interpretation of MCL 712A.19b(1), and holding “that the interpretation of [MCL 712A.19b(1)] adopted in [In re Marin] is consistent with both the statutory language and the underlying legislative intent.”
4 See SCAO form JC 63, Order Following Hearing to Terminate Parental Rights, at http://courts.mi.gov/Administration/SCAO/Forms/courtforms/juvenile/jc63.pdf.