Free jc17.pmd - Michigan

When To Use This Form

Approved, SCAO

JIS CODE: DSP

STATE OF MICHIGAN

JUDICIAL CIRCUIT - FAMILY DIVISION

CASE NO. ORDER OF DISPOSITION PETITION NO. COUNTY (CHILD PROTECTIVE PROCEEDINGS), PAGE 1 ORDER _____ OF _____ 1
Court telephone no.

Court address

1. In the matter of name(s), alias(es), DOB 2. Date of hearing: Judge/Referee:
(Specify for each child if different.) Bar no.

3

3. Removal date:

4. An adjudication was held and the child(ren) was/were found to come within the jurisdiction of the court.

5

5. Release of the parental rights to
Name(s) of parent(s)

Name(s) of child(ren)

was executed by pursuant to the adoption code on
Date

.

THE COURT FINDS:

6
7 8

6. Notice of hearing was given as required by law. 7. The lawyer-guardian ad litem 8. has has not complied with the requirements of MCL 712A.17d.

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.)

b. The putative father of is unknown and cannot be identified. c. The natural father was notified as required by law and failed to establish paternity within the time set by the court. The natural father waives all rights to further notice, including the right to notice of termination of parental rights and the right to an attorney.

9

9. In all cases except when all parental rights have been terminated, the court has considered the case service plan and other evidence presented. The findings below are specific to this case and are based upon this hearing, and the following report(s):
(Identify report[s] and date[s] of report[s].)

Specific conditions reviewed on the record as required by MCL 712A.18f(4) were a. compliance with the case service plan with respect to services provided or offered to the child and his or her parent(s), guardian, or legal custodian and whether the parent(s), guardian, or legal custodian complied with and benefited from those services. b. compliance with the case service plan with respect to parenting time with the child and whether parenting time did not occur or was infrequent and the reasons why. c. the extent to which the parent(s), guardian, or legal custodian complied with each provision of the case service plan, prior court orders, and any agreement between the parent(s), guardian, or legal custodian and the agency. d. likely harm to the child if the child continued to be separated from his or her parent(s), guardian, or legal custodian. e. likely harm to the child if the child was returned to his or her parent(s), guardian, or legal custodian.

?

NOTE: If the child(ren) were not removed prior to the dispositional hearing and new allegations are made which require removal, a supplemental petition must be prepared and filed and an emergency removal hearing held, whereupon contrary to the welfare and reasonable efforts findings must be made. Use form JC 75. A dispositional review hearing must be held within 14 days after the child is removed. See MCR 3.974(C). USE NOTE: Use this form when a release has been executed pursuant to the adoption code after adjudication and before the dispositional hearing. (SEE SECOND PAGE)
JC 17 (9/07)

Do not write below this line - For court use only

PL 96-272; 42 USC 670 et seq., MCL 400.55(h), MCL 400.203, MCL 712A.13a, MCL 712A.18, MCL 712A.18f, MCL 712A.19, MCL 712A.20, MCR 3.921(C), MCR 3.973(F)

ORDER OF DISPOSITION (CHILD PROTECTIVE PROCEEDINGS), PAGE 1

Approved, SCAO

JIS CODE: DSP

STATE OF MICHIGAN

JUDICIAL CIRCUIT - FAMILY DIVISION

CASE NO. ORDER OF DISPOSITION PETITION NO. COUNTY (CHILD PROTECTIVE PROCEEDINGS), PAGE 2 ORDER _____ OF _____
Court telephone no.

Court address

10

In the matter of 10. 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)

c. Reasonable efforts to prevent removal of the child(ren) from the home were not made. d. Reasonable efforts to prevent removal were not required as determined in a prior order.

11

11. 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 11 is checked, either complete item 13 below or schedule a permanency planning hearing within 28 days of this determination.)

12

12.

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. c. Reasonable efforts to preserve and reunify the family were not previously required, but due to a change in circumstances, reasonable efforts are now required. Those reasonable efforts have begun and include: (Specify reasonable efforts, and if
applicable, the reasons for return.)

The child(ren) should be released to
Name(s) of parent(s), guardian, or legal custodian

.

13

13. Since 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.)
JC 17 (9/07)

(SEE THIRD PAGE) ORDER OF DISPOSITION (CHILD PROTECTIVE PROCEEDINGS), PAGE 2

Approved, SCAO

JIS CODE: DSP

STATE OF MICHIGAN

JUDICIAL CIRCUIT - FAMILY DIVISION

CASE NO. ORDER OF DISPOSITION (CHILD PROTECTIVE PROCEEDINGS), PAGE 3 PETITION NO. COUNTY ORDER _____ OF _____
Court telephone no.

Court address

In the matter of

14

14. Conditions of custody in the home and with the individual with whom the child(ren) reside(s) a. are adequate to safeguard the child(ren) from the risk of harm to the child(ren)'s life, physical health, and mental well-being. b. are not adequate to safeguard the child(ren) from the risk of harm to the child(ren)'s life, physical health, and mental wellbeing. No provision of service or other arrangement except removal of the child(ren) is reasonably available to adequately safeguard the child(ren) from the risk of harm to the child(ren)'s life, physical health, and mental well-being. Conditions of custody at the placement away from the home and with the individual with whom the child(ren) is/are placed are adequate to safeguard the child(ren)'s life, physical health, and mental well-being. c. are not relevant because the parent(s) released the child(ren) pursuant to the adoption code. 15. Parenting time with , even if supervised, may be harmful to the child(ren). 15 IT IS ORDERED:

16

16.

Name

is warned and the jurisdiction of the court is terminated.

17
18

17. Notice is to be given to the legal/putative father(s) as required by law. The father was not present and must appear at the next hearing. The putative father was present at this hearing and shall establish paternity within 14 days. 18. The child(ren) is/are in the temporary custody of this court and is/are placed with the Department of Human Services for care and supervision, and a. the parent, guardian, or legal custodian shall execute all documents necessary to release confidential information regarding the child(ren), including medical, mental, and educational reports, and shall also, within 7 days, provide the Department of Human Services with the name(s) and address(es) of the medical provider(s) for the child(ren). Any medical provider of the child(ren) shall release the medical records of the child(ren) to the Department of Human Services. b. if a home study has not yet been completed, then one shall be performed by the Department of Human Services and a copy of the home study submitted to the court not more than 30 days after the placement. c. upon request, the Department of Human Services shall release to the foster parent the information concerning the child(ren) in accordance with MCL 712A.13a(13). remain home with or is/are released to
Name(s) of parent(s), guardian, or legal custodian

under the supervision of the Department of Human Services. parent(s)/guardian/legal custodian:

The following terms and conditions apply to the

because the parent(s) released the child(ren) pursuant to the adoption code, the child(ren) is/are committed to the Department of Human Services for permanency planning, supervision, care, and placement under MCL 400.203. other: A post-termination review hearing will be held .
Date

19

19. The Director of the Michigan Department of Human Services is appointed special guardian to receive any benefits now due or to become due the child(ren) from the government of the United States. a. The parent(s), guardian, or legal custodian shall comply with, and benefit from, the case service plan. In addition,

20 20.

b. The parent(s) need not comply with, and benefit from, the case service plan because parental rights were released pursuant to the adoption code. c. The parent(s) need not comply with, and benefit from, the case service plan because jurisdiction of the court is terminated. (SEE FOURTH PAGE)
JC 17 (9/07)

ORDER OF DISPOSITION (CHILD PROTECTIVE PROCEEDINGS), PAGE 3

Approved, SCAO

JIS CODE: DSP

STATE OF MICHIGAN

JUDICIAL CIRCUIT - FAMILY DIVISION

CASE NO. ORDER OF DISPOSITION (CHILD PROTECTIVE PROCEEDINGS), PAGE 4 PETITION NO. COUNTY ORDER _____ OF _____
Court telephone no.

Court address

In the matter of IT IS ORDERED: (continued)

21

22

23

24

21. Parenting time of is supervised by the Department of Human Services and/or its designee. unsupervised at the discretion of the Department of Human Services. suspended while psychological evaluation or counseling is conducted, or until further order of the court. 22. Parenting time of is supervised by the Department of Human Services and/or its designee. unsupervised at the discretion of the Department of Human Services. suspended while psychological evaluation or counseling is conducted, or until further order of the court. 23. Parenting time of is supervised by the Department of Human Services and/or its designee. unsupervised at the discretion of the Department of Human Services. suspended while psychological evaluation or counseling is conducted, or until further order of the court. 24. Reimbursement: 25. Other: (Attach separate sheet if needed) (an order for child support must comply with MCR 3.973[F][5] and MCR 3.211.)

26
27

26. Prior orders remain in effect except as modified by this order. 27. Review hearings shall be held as follows:
(NOTE: The review hearing shall not be delayed beyond the number of days required regardless whether a petition to terminate parental rights or another matter is pending. MCL 712A.19a provides that the permanency planning hearing shall not be delayed beyond 12 months from the date

dispositional review hearing dispositional review hearing permanency planning hearing The supervising agency shall provide documentation of progress relating to all aspects of the last court-ordered treatment plan, including copies of evaluations and therapy reports and verification of parenting time, not later than 5 business days before the scheduled hearing.
of removal of the child and every 12 months thereafter.)

28 28.

Notice of the next hearing has been provided as required by law.
Referee signature Judge

Notice of the next hearing shall be provided.

29

Recommended by:
Date

30

MCL 722.638 - AGGRAVATED CIRCUMSTANCES (1) The Department shall submit a petition for authorization by the court under Section 2(b) of Chapter XIIA of 1939 PA 288, MCL 712A.2, if one or more of the following apply: (a) The Department determines that a parent, guardian, or legal custodian, or a person who is 18 years of age or older and who resides for any length of time in the child's home, has abused the child or a sibling of the child and the abuse included one or more of the following: (i) Abandonment of a young child. (ii) Criminal sexual conduct involving penetration, attempted penetration, or assault with intent to penetrate. (iii) Battering, torture, or other severe physical abuse. (iv) Loss or serious impairment of an organ or limb. (v) Life threatening injury. (vi) Murder or attempted murder. (b) The Department determines that there is risk of harm to the child and either of the following is true: (i) The parent's rights to another child were terminated as a result of proceedings under Section 2(b) of Chapter XIIA of 1939 PA 288, MCL 712A.2, or a similar law of another state. (ii) The parent's rights to another child were voluntarily terminated following the initiation of proceedings under Section 2(b) of Chapter XIIA of 1939 PA 288, MCL 712A.2, or a similar law of another state. (2) In a petition submitted as required by subsection (1), if a parent is a suspected perpetrator or is suspected of placing the child at an unreasonable risk of harm due to the parent's failure to take reasonable steps to intervene to eliminate that risk, the Department of Human Services shall include a request for termination of parental rights at the initial dispositional hearing as authorized under Section 19b of Chapter XIIA of 1939 PA 288, MCL 712A.19b. JC 17 (9/07)

ORDER OF DISPOSITION (CHILD PROTECTIVE PROCEEDINGS), PAGE 4