5.8Adjournments and Continuances in Child Protective Proceedings

In child protective proceedings, adjourning a trial or hearing should only be granted for good cause after the court takes the child’s best interests into consideration and where the adjournment is for as short of a period as possible.¹ MCR 3.923(G). In order for a court to find good cause, “‘a legally sufficient or substantial reason’ must first be shown.” In re Utrera, 281 Mich App 1, 10-12 (2008) (although the court erred by failing to find good cause or consider the child’s best interests to support its multiple adjournments, reversal was not required when the respondent-mother contributed to the adjournments on several occasions and failed to show how she was prejudiced by them).

The court should not adjourn a hearing or grant a continuance if it is solely upon stipulation of counsel or for a party’s convenience. MCL 712A.17(1). Rather, the adjournment must be for good cause with factual findings on the record and where one of the following applies:

“(a) The motion for the adjournment or continuance is made in writing not less than 14 days before the hearing.

(b) The court grants the adjournment or continuance upon its own motion after taking into consideration the child’s best interests. An adjournment or continuance granted under this subdivision shall not last more than 28 days unless the court states on the record the specific reasons why a longer adjournment or continuance is necessary.” MCL 712A.17(1).