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Order Following Emergency Removal Hearing (Child Protective Proceedings) Form. This is a Michigan form and can be use in Juvenile Statewide.
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Tags: Order Following Emergency Removal Hearing (Child Protective Proceedings), JC 75, Michigan Statewide, Juvenile
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JIS CODE: OFE
ORDER FOLLOWING
CASE NO.
EMERGENCY REMOVAL HEARING
PETITION NO.
JUDICIAL CIRCUIT - FAMILY DIVISION
COUNTY (CHILD PROTECTIVE PROCEEDINGS), PAGE 1
ORDER _____ OF _____
STATE OF MICHIGAN
Court address
Court telephone no.
1. In the matter of
name(s), alias(es), DOB
2. Date of hearing:
Judge/Referee:
Bar no.
THE COURT FINDS:
3. The court ordered the protective custody of the child(ren) on
(form JC 05b).
Date
4. This emergency removal hearing is held pursuant to MCR 3.974(B)(3).
5. The parents, guardian, or legal custodian were present and/or attempts were made to secure the presence of each parent,
guardian, or legal custodian.
6. The lawyer-guardian ad litem for the child(ren) was present.
7. 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 10).
A qualified expert,
, testified as required by law.
Name
8.
a. Taking the child(ren) into protective custody was necessary to protect the health, safety, or welfare of the child(ren), and it
is
is not
necessary that removal continue pending the dispositional review hearing.
Contrary to the welfare
findings were made in the order authorizing the emergency removal (form JC 05b).
b. There are reasonable grounds for this court to remove the child(ren) from the parent(s), guardian, or legal custodian in
compliance with MCL 712A.2(b) and MCR 3.974(B)(1) because conditions or surroundings of the child(ren) are such as to
endanger the health, safety, or welfare of the child(ren), and it is contrary to the welfare of the child(ren) to remain in the
home because: (Attach separate sheets as necessary.)
c. Taking the child(ren) into protective custody is not necessary.
9. The parent(s), guardian, or legal custodian from whom the child(ren) was/were removed has/have received a written statement
of the reasons for the removal and has/have been advised of his/her/their rights in compliance with MCR 3.974(B).
10.
a. Reasonable efforts to prevent removal of the child(ren) from the home were made as determined in the order authorizing
the emergency removal (form JC 05b).
b. Reasonable efforts were made to prevent removal of the child(ren) from the home. The efforts include: (Specify on page 2.)
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, 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 on page 2.)
d. Reasonable efforts to prevent removal of the child(ren) from the home were not made.
(SEE SECOND PAGE)
Do not write below this line - For court use only
MCL 712A.13a, MCR 3.920(C)(2)(a), MCR 3.965(C), MCR 3.974(B), MCR 3.979(F)(2)
JC 75 (9/10)
ORDER FOLLOWING EMERGENCY REMOVAL HEARING (CHILD PROTECTIVE PROCEEDINGS), PAGE 1
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Approved, SCAO
JIS CODE: OFE
CASE NO.
ORDER FOLLOWING
PETITION NO.
EMERGENCY REMOVAL HEARING
JUDICIAL CIRCUIT - FAMILY DIVISION
(CHILD PROTECTIVE PROCEEDINGS), PAGE 2
COUNTY
ORDER _____ OF _____
STATE OF MICHIGAN
Court address
Court telephone no.
In the matter of
10. (continued from page 1) The efforts for 10.b. and 10.c. are follows:
(Specify the efforts from 10.b. and 10.c. here. If the child is an Indian
child, both 10.b. and 10.c. apply and both the reasonable efforts and active efforts must be specified here.)
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 30 days of this determination.)
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.
13. 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.)
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.
15. Parenting time with
, even if supervised, may be harmful to the child(ren).
(SEE THIRD PAGE)
JC 75 (9/10)
ORDER FOLLOWING EMERGENCY REMOVAL HEARING (CHILD PROTECTIVE PROCEEDINGS), PAGE 2
American LegalNet, Inc.
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Approved, SCAO
JIS CODE: OFE
ORDER FOLLOWING
CASE NO.
EMERGENCY REMOVAL HEARING
PETITION NO.
JUDICIAL CIRCUIT - FAMILY DIVISION
(CHILD PROTECTIVE PROCEEDINGS), PAGE 3
COUNTY
ORDER _____ OF _____
STATE OF MICHIGAN
Court address
Court telephone no.
In the matter of
IT IS ORDERED:
16. The child(ren) is/are
a. placed with the Department of Human Services for care and supervision, and
i. the parent(s), 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 for the child(ren) shall release the medical records of the child(ren) to the department.
ii. if the child(ren) is/are placed in the home of a relative, a home study 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.
iii. 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).
b. released to
Name(s) of parent(s), guardian, or legal custodian
of Human Services.
under the supervision of the Department
The following terms and conditions apply to the parent(s), guardian, or legal custodian:
17. Each child shall have
a psychological evaluation
counseling
to determine appropriateness and conditions
of parenting time.
18. 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.
19. 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.
20. 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.
21.
This matter is set for a dispositional review hearing before
on
Date and time
22. This matter is set for a removal hearing on
.
Name
(Must be within 14 days of removal pursuant to MCR 3.974[C].)
pursuant to MCR 3.967. The petitioner
Date and time
shall give notice of these proceedings as required by MCR 3.920(C)(2) (use form JC 48).
23. Other:
Recommended by:
Date
JC 75 (9/10)
Referee signature
Judge
ORDER FOLLOWING EMERGENCY REMOVAL HEARING (CHILD PROTECTIVE PROCEEDINGS), PAGE 3
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