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Order After Preliminary Hearing (Child Protective Proceedings), Page 1 JC 11a - Michigan
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Approved, SCAO JIS CODE: PRH STATE OF MICHIGAN JUDICIAL CIRCUIT - FAMILY DIVISION CASE NO. ORDER AFTER PRELIMINARY HEARING PETITION NO. COUNTY (CHILD PROTECTIVE PROCEEDINGS), PAGE 1 ORDER _____ OF _____ Court telephone no. Court address 1. In the matter of name(s), alias(es), DOB 2. Date of hearing: 3. Removal date: 4. Military/nonmilitary affidavit attached. Judge/Referee: (Specify for each child if different.) Bar no. THE COURT FINDS: 5. The child(ren) is/are is not/are not subject to the continuing jurisdiction of another court. Court: 6. A petition has been submitted alleging that the above child(ren) come(s) within the provisions of MCL 712A.2(b). 7. Notice of hearing was given as required by law. Notice of proceedings is to be given as required by law. 8. The child(ren) is/are Indian as defined in MCR 3.002(5). The petitioner has has not given notice of the preliminary hearing as required by MCR 3.920(C)(1). The preliminary hearing must be adjourned pending conclusion of a removal hearing required by MCR 3.967. The removal hearing required by MCR 3.967 was conducted in conjunction with this hearing (see required findings in item 15). A qualified expert, , testified as required by law. a. There is probable cause to believe the legal/putative father(s) is/are: (Name each child, his/her father, and whether legal or putative.) 9. b. The putative father of is unknown and cannot be identified. . 10. There is good cause to adjourn the preliminary hearing because Petitioner recommends removal of the child(ren) from the home to assure the immediate safety of the child(ren). 11. The probable-cause determination was waived by all parties present. 12. There is is not probable cause that one or more of the allegations in the petition are true. (SEE SECOND PAGE) Do not write below this line - For court use only MCL 712A.2(b), MCL 712A.13a, MCL 712A.14, MCL 712A.19a(2), MCL 712A.19b(4), MCL 722.638, MCR 3.920(C), MCR 3.921(C), MCR 3.965 JC 11a (9/11) ORDER AFTER PRELIMINARY HEARING (CHILD PROTECTIVE PROCEEDINGS), PAGE 1 American LegalNet, Inc. www.FormsWorkFlow.com Approved, SCAO JIS CODE: PRH STATE OF MICHIGAN JUDICIAL CIRCUIT - FAMILY DIVISION ORDER AFTER PRELIMINARY HEARING COUNTY (CHILD PROTECTIVE PROCEEDINGS), PAGE 2 ORDER _____ OF _____ CASE NO. PETITION NO. Court address Court telephone no. In the matter of 13. There is probable cause the parent guardian legal custodian other person residing in the child(ren)'s home abused the child(ren). Presence of the alleged abuser in the home does does not present a substantial risk of harm to the child(ren)'s life, physical health, or mental well-being and he/she should should not be ordered out of the home. (Use form JC 65, Order Removing Alleged Abuser from Child's Home, as appropriate.) 14. a. Contrary to the welfare findings were made in a prior order. b. It is contrary to the welfare of the child(ren) to remain in the home because: (Attach separate sheets as necessary.) 15. a. Reasonable efforts to prevent removal of the child(ren) from the home were made as determined in a prior order. b. Reasonable efforts were made to prevent removal of the child(ren) from the home. Those efforts include: (Specify below.) c. The child(ren) is/are Indian, and the court finds by clear and convincing evidence and the testimony of an expert witness who has knowledge about the child-rearing practices of the Indian child's tribe, that active efforts have have not been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family. These efforts have proved unsuccessful, successful, the continued custody of the child(ren) by the parent or Indian custodian is is not likely to result in serious emotional or physical damage to the child(ren), and the child(ren) should should not be removed from the home. (Specify below.) The efforts for 15.b. and 15.c. are: (Specify the efforts from 15.b. and 15.c. here. If the child is an Indian child, both 15.b. and 15.c. apply and both the reasonable efforts and active efforts must be specified here.) d. Reasonable efforts to prevent removal of the child(ren) from the home were not made. (SEE THIRD PAGE) JC 11a (9/11) ORDER AFTER PRELIMINARY HEARING (CHILD PROTECTIVE PROCEEDINGS), PAGE 2 American LegalNet, Inc. www.FormsWorkFlow.com Approved, SCAO JIS CODE: PRH STATE OF MICHIGAN JUDICIAL CIRCUIT - FAMILY DIVISION ORDER AFTER PRELIMINARY HEARING COUNTY (CHILD PROTECTIVE PROCEEDINGS), PAGE 3 ORDER _____ OF _____ CASE NO. PETITION NO. Court address Court telephone no. In the matter of 16. a. Reasonable efforts are not required to prevent the child(ren)'s removal from the home due to the mother father subjecting the child(ren) to the aggravated circumstance(s) of as provided in section MCL 722.638(1) and (2), and as evidenced by . the mother's father's conviction for murder of another child of the parent. the mother's father's conviction for voluntary manslaughter of another child of the parent. the mother's father's conviction for aiding or abetting in the murder or manslaughter of another child of the parent, attempting to murder the child(ren) or another child of the parent, or conspiring or soliciting to commit the murder of the child(ren) or another child of the parent. the mother's father's conviction for felony assault that resulted in serious bodily injury to the child(ren) or another child of the parent. the mother's father's involuntary termination of parental rights to a sibling of the child(ren). b. Reasonable efforts to preserve and reunify the family to make it possible for the child(ren) to safely return home are not required because the parent subjected the child or another child of the parent to one of the circumstances stated above. OR still recommended because: (When item 16 is checked, either complete item 18 below or schedule a permanency planning hearing within 28 days of this determination.) 17. a. Reasonable efforts shall be made to preserve and reunify the family to make it possible for the child(ren) to safely return home. b. Reasonable efforts shall not be made to preserve and reunify the family because it would be detrimental to the child(ren)'s health and safety. 18. Because reasonable efforts to prevent removal or to reunite the child(ren) and family are not required, a permanency planning hearing was conducted. (Use and attach form JC 19, Order Following Dispositional Review/Permanency Planning Hearing.) 19. Conditions of custody in the home a
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