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Emergency Removal Hearing
(MCR 3.974(B)/MCL 712.13a(9))  

An emergency removal hearing is conducted when the agency requests that a child, over whom the court has retained jurisdiction but maintained in his/her home, be removed from the home. For a removal request for a child not under court jurisdiction, see the Protective Custody page.

Out of Home Placement Standards

A judge, attorney referee, or nonattorney referee may conduct an emergency removal hearing. To place a child into foster care, the court must find all of the following conditions:

(a) Custody of the child with the parent presents a substantial risk of harm to the child's life, physical health, or mental well-being.

(b) No provision of service or other arrangement except removal of the child is reasonably available to adequately safeguard the child from risk as described in subdivision (a).

(c) Continuing the child's residence in the home is contrary to the child's welfare.

(d) Consistent with the circumstances, reasonable efforts were made to prevent or eliminate the need for removal of the child.

(e) Conditions of child custody away from the parent are adequate to safeguard the child's health and welfare.

 

 Toolkit Information

 
  
Notice (procedural issue)
Dispositional Review Following Emergency Removal (procedural issue)
MJI Child Protective Proceedings Benchbook
Benchcard -- Judicial
 

 Publications and Administrative Memos

 
  
Parents Attorney Protocol
Absent Parent Protocol
Livingston County Parent Handbook
Child Protection Removal Standards and Procedures (memo)
Entire Library
 

 Court Forms

 
  
Ex Parte Order to Take Child(ren) into Protective Custody (JC05b)
Order Following Emergency Removal Hearing (JC75)
 

 Training Information

 
  
Advocacy at the Preliminary Hearing (video)
Supporting Families to Prevent Unnecessary Removals (video)
Reducing Trauma to Children During Removal and Placement into Foster Care (video)
Safety Guide Training Video
Upcoming and Archived Training Programs