Chapter 1: Introduction

In this chapter . . .

This chapter provides an overview of the topics addressed in this benchbook. This chapter also discusses the Michigan court rules, statutes, and rules of evidence as well as the federal law and regulations that govern child protective proceedings.

Included in this benchbook, are also the following appendices:

•Appendix A, which contains a table summarizing statutes and court rules that govern procedures in child protective proceedings.

•Appendix B, which contains a table of time and notice requirements applicable to child protective proceedings.

•Appendix C, which contains a table summarizing the rules of evidence and standards of proof applicable to child protective proceedings.

In an effort to create a general overview of the procedures and applicable court forms required for child protective proceedings, the State Court Administrative Office (SCAO) created the Child Protective Proceedings - Timeline and Court Forms (Non-Indian Children).

Michigan Legal Help also created a Child Protective Services (CPS) Process Flowchart to help provide a basic understanding of the CPS process for non-Indian children.

1.1Summary of Benchbook Contents

This benchbook explains the procedures required in child protective proceedings, from reporting and investigating suspected child abuse and neglect, to required court hearings in the Family Division of the Circuit Court,¹ to appeals to the Michigan Court of Appeals and Michigan Supreme Court. Although child protective proceedings involve a complex interplay between the judicial and social services systems, detailed coverage is given only to required court procedures. The following limitations on subject matter should be noted:

•internal Department of Health and Human Services (DHHS) policies governing child protective workers, foster care workers, and supervising agency workers are cited when relevant but are not discussed in-depth;

•rules governing the regulation of foster care homes and institutions are not discussed in detail; and

•detailed treatment of the legal requirements for adoptions are discussed in the Michigan Judicial Institute’s Adoption Proceedings Benchbook.

The organization of this benchbook is intended to follow a typical child protective proceeding. Chapter 2 explains the requirements for reporting and investigating suspected child abuse or neglect. A report of suspected abuse or neglect culminates in action by the DHHS’s Children’s Protective Services (CPS) Division. This action may involve either offering services and counseling to the family or filing a petition requesting formal court action.

A child may be taken into temporary protective custody following an investigation but prior to the filing of a petition in court. If the court is presented with a petition, the court must follow certain procedures when deciding whether to take jurisdiction over the child and place him or her outside of the home. These preliminary steps are explained in the following chapters:

•Chapter 3 explains the procedures for obtaining temporary protective custody of a child with or without a court order.

•Chapter 4 explains the court’s authority to act when there are allegations of child abuse or neglect.

•Chapter 5 summarizes the time and notice requirements applicable to all stages of a child protective proceeding.

•Chapter 6 discusses the procedures required for identifying a child’s father or determining that he cannot be found.

•Chapter 7 discusses petition requirements and the court’s option of using a preliminary inquiry if the child is not in custody and custody is not requested. Chapter 7 also details the procedures required at a preliminary hearing, during which the court must decide whether to authorize the petition to be filed and whether to place the child outside of his or her home pending trial. The court may also order a child’s alleged abuser out of the child’s home, rather than removing the child from the home.

•Chapter 8 discusses the court’s obligation to determine whether to order a child out of his or her home, or to return the child to his or her home pending a trial on the allegations in a petition. Chapter 8 also details the court’s placement options.

If the court authorizes the filing of the petition, a trial will be held, unless the parent enters a plea of admission or no contest, to determine whether the court will take personal jurisdiction over the child. This stage of the proceedings, known as the “adjudicative phase,” is detailed in the following chapters:

•Chapter 9 discusses pretrial conferences, discovery, and motions.

•Chapter 10 explains the procedures for taking a parent’s plea of admission or no contest.

•Chapter 11 discusses common evidentiary issues in child protective proceedings.

•Chapter 12 explains the required procedures for trials in child protective proceedings.

If the court takes jurisdiction over the child, the case moves into the “dispositional phase.” During the dispositional phase, the family must participate in court-ordered services and counseling designed to improve the conditions leading to court jurisdiction and, if possible, to reunify the family. If, at the initial dispositional hearing, regularly held review hearings, or a permanency planning hearing, the court determines that the family should not be reunified, a hearing on termination of parental rights will be held. The dispositional phase is described in the following chapters of this benchbook:

•Chapter 13 discusses initial dispositional hearings.

•Chapter 14 contains an overview of funding sources that may be used to pay the costs of child protective proceedings and child placements.

•Chapter 15 explains the procedures for conducting dispositional review hearings, and for conducting emergency removal hearings when the agency supervising a child who was not removed from the home believes that the child is in immediate danger of harm.

•Chapter 16 discusses permanency planning hearings, which are held to decide upon a permanent plan for the child, and whether to proceed with a hearing on termination of parental rights.

•Chapter 17 explains in detail the procedures required for terminating parental rights to a child, either at an initial dispositional hearing or at a later hearing.

•Chapter 18 explains the post-termination review process, during which efforts to find a permanent adoptive or foster family are monitored by the court.

•Chapter 19 explains the heightened procedural requirements that must be observed in child protective proceedings involving Indian children.

The final two chapters cover matters that are applicable to all stages of child protective proceedings:

•Chapter 20 discusses appeals in child protective proceedings.

•Chapter 21 explains the court’s recordkeeping obligations, confidentiality of and access to records, and the retention and destruction of records and files.