MI Rules MCR 3.961
 
Michigan Compiled Laws Annotated Currentness
Michigan Court Rules of 1985
Chapter 3. Special Proceedings and Actions
Subchapter 3.900. Proceedings Involving Juveniles (Refs & Annos)
RULE 3.961 INITIATING CHILD PROTECTIVE PROCEEDINGS

(A) Form. Absent exigent circumstances, a request for court action to protect a child must be in the form of a petition.

(B) Content of Petition. A petition must contain the following information, if known:

(1) The child's name, address, and date of birth.

(2) The names and addresses of:

(a) the child's mother and father,

(b) the parent, guardian, legal custodian, or person who has custody of the child, if other than a mother or father,

(c) the nearest known relative of the child, if no parent, guardian, or legal custodian can be found, and

(d) any court with prior continuing jurisdiction.

(3) The essential facts that constitute an offense against the child under the Juvenile Code.

(4) A citation to the section of the Juvenile Code relied on for jurisdiction.

(5) The child's membership or eligibility for membership in an Indian tribe, if any, and the identity of the tribe.

(6) The type of relief requested. A request for removal of the child or a parent or for termination of parental rights at the initial disposition must be specifically stated. If the petition requests removal of an Indian child or if an Indian child was taken into protective custody pursuant to MCR 3.963 as a result of an emergency, the petition must specifically describe:

(a) the active efforts that have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family; and

(b) documentation, including attempts, to identify the child's tribe.

(7) The information required by MCR 3.206(A)(4), identifying whether a family division matter involving members of the same family is or was pending.

CREDIT(S)

[Adopted February 4, 2003, effective May 1, 2003, 467 Mich.; Amended February 2, 2010, effective May 1, 2010, 485 Mich.]

Current with amendments received through January 1, 2011.

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