If a person gives information to the court that a child is within MCL 712A.2(b) or MCL 712A.2(c), a preliminary inquiry may be made to determine whether the interests of the public or the child require that further action be taken. MCL 712A.11(1).
A preliminary inquiry may also be held to determine the appropriate course of action when a petition does not request placement and the child is not in custody. MCR 3.962(A). However, if the child is in protective custody or placement1 is requested, the court must commence a preliminary hearing2 within 24 hours after the child is taken into protective custody.3 MCR 3.965(A)(1). The court must also “conduct a preliminary inquiry to determine the appropriate action to be taken on a petition[]” “[i]f either an amended[4] or supplemental petition[5] [filed under MCR 3.961(C)(1) or MCR 3.961(C)(2)] is not accompanied by a request for placement of the child or the child is not in protective or temporary custody[.]” MCR 3.961(C)(3).
A preliminary inquiry is defined as “informal review by the court to determine appropriate action on a petition.” MCR 3.903(A)(23). “A preliminary inquiry need not be conducted on the record or in the presence of the parties.” MCR 3.962(B).
“At the preliminary inquiry, the court may:
(1) Deny authorization of the petition.
(2) Refer the matter to alternative services.
(3) Authorize the filing of the petition if it contains the information required by MCR 3.961(B), and there is probable cause to believe that one or more of the allegations is true. For the purpose of this subrule, probable cause may be established with such information and in such a manner as the court deems sufficient.” MCR 3.962(B).
Because “[a] respondent [is] not entitled to be present at the . . . preliminary inquiry[ under MCR 3.903(A)(23) and MCR 3.962], [the respondent is] not entitled to the assistance of counsel at [the preliminary inquiry,] . . . there is nothing in the court rule governing preliminary inquiries, MCR 3.962, that entitled [the] respondent to any advanced notice of the [Indian] Tribe’s intent to intervene and present testimony[ at the preliminary inquiry,] . . . [the] respondent ha[s] no right to cross-examine [a witness] at the preliminary inquiry or present his [or her] own expert witnesses[,] . . . [and the respondent] ha[s] no right to seek a transfer of jurisdiction at the preliminary inquiry.” In re England, 314 Mich App 245, 263 (2016).
See also In re Kyle, 480 Mich 1151 (2008) (“[t]he permissible actions following a preliminary inquiry are limited to granting or denying authorization to file the petition, or referring the matter to ‘alternative services[]’”).
A.Referring Case to Alternative Services
“Referring the matter to ‘alternative services’ [MCR 3.962(B)(2)] does not include granting the only relief sought by the petition.” In re Kyle, 480 Mich at 1151. In In re Kyle, 480 Mich at 1151, the Court of Appeals erred in concluding that the preliminary inquiry procedure provided the circuit court with authority to grant the relief sought under the petition without a trial pursuant to MCR 3.972 and MCL 712A.17, when the sole focus of the demand for relief was for the minor child to receive a medical examination. The preliminary inquiry procedure only permits a court to grant or deny authorization to file the petition or to refer the matter to alternative services. In re Kyle, 480 Mich at 1151.
A “‘[p]etition authorized to be filed’ refers to written permission given by the court to file the petition among the court’s public records as permitted by MCR 3.925.” MCR 3.903(A)(21). “An authorized petition is deemed ‘filed’ when it is delivered to, and accepted by, the clerk of the court.” MCR 3.903(A)(9). “Until a petition is authorized, it must be filed with the clerk and maintained as a nonpublic record, accessible only by the court and parties. After authorization, a petition and any associated records may be made nonpublic only as permitted by court rule or statute.” MCR 3.903(A)(21).
Where a juvenile is alleged to be within the provisions of MCL 712A.2(b), the court may authorize the filing of a petition at the conclusion of a preliminary inquiry. MCL 712A.13a(2). The court may authorize the filing of the petition if it contains the information required by MCR 3.961(B),6 and there is probable cause to believe that one or more of the allegations is true. MCL 712A.13a(2); MCR 3.962(B)(3).
“[P]robable cause may be established with such information and in such a manner as the court deems sufficient.” MCR 3.962(B)(3).
Unless a parent enters a plea of admission or no contest, a trial will be held upon the court’s authorization to file the petition to determine whether the court will take personal jurisdiction over the child. See MCR 3.903(A)(27). See also Section 4.3 for a detailed discussion of personal jurisdiction, and Section 17.8 for a detailed discussion of voluntary termination.
If the court authorizes the petition and the child is not in custody, a trial must be held within six months after the filing of the petition, unless adjourned for good cause under MCR 3.923(G). MCR 3.972(A).
1 MCR 3.903(C)(10) defines placement as “court-approved transfer of physical custody of a child to foster care, a shelter home, a hospital, or a private treatment agency.”
2 See Section 7.6 for a more detailed discussion of preliminary hearings.
3 The 24-hour time period does not include Sundays or holidays. MCR 3.965(A)(1). See also MCR 8.110(D)(2).
4 For purposes of child protective proceedings, “‘[a]mended petition’ means a petition filed to correct or add information to an original petition, as defined in [MCR 3.903](A)(20) before it is adjudicated.” MCR 3.903(C)(2).
5 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).”
6 See Section 7.4(A) for a list of requirements under MCR 3.961(B).