Order After Pretrial Hearing (Child Protective Proceedings) {JC 11b}

Approved, SCAO þ PCS CODE: PT/OATTCS CODE: PTH/OFPLSTATE OF MICHIGANJUDICIAL CIRCUIT - FAMILY DIVISIONCOUNTY ORDER AFTER PRETRIAL HEARING(CHILD PROTECTIVE PROCEEDINGS)ORDER en-US OF en-US en-USCASE NO.en-USPETITION NO.en-USCourt addressen-USCourt telephone no. 1. þ In the matter of þ en-USname(s), alias(es), DOB 2. þ Date of hearing: en-US þ Judge/Referee: en-USBar no. þ 3. þ Removal date: en-US en-US en-US(Specify for each child if different.)en-USTHE COURT FINDS: 4. þ A petition has been submitted alleging that the above child(ren) come(s) within the provisions of MCL 712A.2(b). 5. þ The child(ren) þ is/are þ is not/are not þ subject to the continuing jurisdiction of another court. þ þ Court: en-US 6. þ Notice of hearing was given as required by law. þ en-US Notice of proceedings is to be given as required by law. 7. þ The lawyer-guardian ad litem þ has þ has not þ complied with the requirements of MCL 712A.17d. 8. þ þ a. þ There is probable cause to believe the legal/putative father(s) is/are: en-US(Name each child, his/her father, and whether legal or putative.) þ þ þ þ b. þ The putative father of en-US en-US is unknown and cannot be identified. þ þ c. þ The putative father was notified as required by law and failed to establish paternity within the time set by the court. The þ putative father waives all rights to further notice, including the right to notice of termination of parental rights and the þ right to an attorney. þ 9. þ The child(ren) has not/have not been removed prior to this hearing and an order to take the child(ren) into protective þ þ custody is necessary because: þ a. þ the child(ren) is/are at substantial risk of harm or is/are in surroundings that present an imminent risk of harm and the þ þ child(ren)'s immediate removal from those surroundings is necessary to protect the child(ren)'s health and safety; þ b. þ the circumstances warrant issuing this order; and þ c. þ no remedy other than protective custody is reasonably available to protect the child(ren). þ en-US(If item 9 is checked, contrary to the welfare and reasonable efforts findings must be made. See items 11 and 12.) American LegalNet, Inc. www.FormsWorkFlow.com Order After Pretrial Hearing (Child Protective Proceedings) þ (12/18) þ Page of Order of Case No. Petition No. þ 10. þ The child(ren) is/are Indian as defined in MCR 3.002(12). The petitioner þ has þ has not þ given notice of the þ þ pretrial hearing as required by MCR 3.920(C)(1). þ þ þ The pretrial hearing must be adjourned pending conclusion of a removal hearing required by MCR 3.967. þ þ þ The removal hearing required by MCR 3.967 was conducted in conjunction with this hearing en-US(see required findings in item 12). þ þ þ þ A qualified expert, en-US en-US , testified as required by law. þ 11. þ a. Contrary to the welfare findings were made in a prior order. þ en-US þ b. It is contrary to the welfare of the child(ren) to remain in the home because: en-US(Attach separate sheets as necessary.) þ 12. þ þ a. þ Consistent with the circumstances, reasonable efforts to prevent or eliminate removal of the child(ren) from the þ þ home were made as determined in a prior order. þ en-USOR þ þ þ b. þ Consistent with the circumstances, reasonable efforts were made to prevent or eliminate removal of the child(ren) þ þ from the home. Those efforts include: en-US(Specify below.) þ en-USOR þ þ c. þ The child(ren) is/are Indian, and the court finds by clear and convincing evidence and the testimony of a qualified þ þ expert witness who has knowledge about the child-rearing practices of the Indian child222s tribe, that active efforts þ þ have þ have not þ been made to provide remedial services and rehabilitative programs designed to prevent þ þ the breakup of the Indian family. These efforts have proved þ unsuccessful, þ successful, þ the continued þ þ custody of the child(ren) by the parent or Indian custodian þ is þ is not þ likely to result in serious emotional or þ physical damage to the child(ren), and the child(ren) þ should þ should not þ be removed from the home. þ þ en-US(Specify below.) þ The efforts for 12.b. or 12.c. are: (Specify the efforts from 12.b. or 12.c. here. If the child is an Indian child, specify active efforts as defined þ þ en-USby MCR 3.002[1] and MCL 712B.3[a].) þ þ þ d. þ Reasonable efforts to prevent or eliminate removal of the child(ren) from the home were not made. American LegalNet, Inc. www.FormsWorkFlow.com Order After Pretrial Hearing (Child Protective Proceedings) þ (12/18) þ Page of Order of Case No. Petition No. þ 13. þ a. þ Reasonable efforts are not required to prevent or eliminate the child(ren)222s removal from the home due to the þ mother þ father þ subjecting the child(ren) to the aggravated circumstance(s) of þ en-US en-US as provided in section MCL 722.638(1) and (2), and as evidenced þ by þ en-US en-US þ en-US þ en-US en-US . þ mother222s þ father222s þ conviction for murder of another child of the parent. þ þ mother222s þ father222s þ conviction for voluntary manslaughter of another child of the parent. þ þ mother222s þ father222s þ conviction for aiding or abetting in the murder or manslaughter of another þ þ child of the parent, attempting to murder the child(ren) or another child of the parent, or conspiring or soliciting to þ þ commit the murder of the child(ren) or another child of the parent. þ þ mother222s þ father222s þ conviction for felony assault that resulted in serious bodily injury to the þ þ child(ren) or another child of the parent. þ þ mother222s þ father222s þ involuntary termination of parental rights to a sibling of the child(ren) and þ failure by that parent to rectify the conditions that led to that termination. þ þ mother þ father þ being required to register under the Sex Offender Registration Act. þ b. þ Reasonable efforts to preserve and reunify the family to make it possible for the child(ren) to safely return home are þ þ not required because the parent subjected the child or another child of the parent to one of the circumstances þ þ stated above. þ þ en-USOR þ þ still recommended because: þ þ en-US(When item 13 is checked, either complete item 15 below or schedule a permanency planning hearing within 28 days of this determination.) þ 14. þ þ a. þ Reasonable efforts shall be made to preserve and reunify the family to make it possible for the child(ren) to safely þ þ return home. þ þ b. þ Reasonable efforts shall not be made to preserve and reunify the family because it would be detrimental to the þ child(ren)'s health and safety. þ 15. þ Because reasonable efforts to prevent or eliminate removal or to reunite the child(ren) and family are not required, a þ permanency planning hearing was conducted. ( en-USUse and attach form JC 19en-US, Order Following Dispositional Review/Permanency Planning þ Hearing.) 16. þ Custody of the child(ren) with the parent/guardian/legal custodian þ þ þ a. þ presents a substantial risk of harm to the child(ren)'s life, physical health, or mental well-being. þ þ en-US No provision of service or other arrangement except removal of the child(ren) is reasonably available to þ adequately safeguard the child(ren) from the risk of harm to the child(ren)'s life, physical health, or mental well-being. þ en-US Conditions of custody at the placement away from the home and with the individual with whom the child(ren) is/are þ placed are adequate to safeguard the child(ren)'s health and welfare. þ þ b. þ does not present a substantial risk of harm to the child(ren)'s life, physical health, or mental well-being. þ 17. þ þ a. þ All siblings are in joint placement. þ þ b. þ All siblings are not in joint placement because: þ Sibling contact þ is occurring according to law. þ en-US is not occurring because en-US(see item 24 to order sibling contact)en-US: þ 18. þ Parenting time with en-US en-US , even if supervised, may be harmful to the child(ren). þ 19. þ A motion has been made to dismiss the petition. American LegalNet, Inc. www.FormsWorkFlow.com Order After Pretrial Hearing (Child Protective Proceedings) þ (12/18) þ Page of Order of Case No. Petition No. en-USIT IS ORDERED:en-US þ 20. þ The petition is dismissed. þ 21. þ