Order Of Adjudication (Child Protective Proceedings) Form. This is a Michigan form and can be use in Juvenile Statewide.
Tags: Order Of Adjudication (Child Protective Proceedings), JC 49, Michigan Statewide, Juvenile
Approved, SCAO þ PCS CODE: OCPTCS CODE: ADH/OFAHSTATE OF MICHIGANJUDICIAL CIRCUIT - FAMILY DIVISIONCOUNTY ORDER OF ADJUDICATION(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 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 þ a. þ Based on testimony, there is probable cause to believe the legal/putative father(s) is/are: þ en-US(Name each child, his/her father, and whether legal or putative.) þ þ b. þ The putative father of en-US en-US is unknown and cannot be identified. þ þ c. þ The natural father was notified as required by law and failed to establish paternity within the time set by the court. The þ natural father waives all rights to further notice, including the right to notice of termination of parental rights and the right þ to an attorney. 8. þ The respondent(s) en-USName(s) þ þ en-US þ þ did not appear þ en-US appeared in court in person or by en-USManner of appearanceen-US and þ was/were represented by an attorney. þ en-US waived representation by an attorney. þ 9. þ The plea by en-USName(s)en-US þ is knowingly, understandingly, and voluntarily made. American LegalNet, Inc. www.FormsWorkFlow.com Order of Adjudication (Child Protective Proceedings) þ (12/18) þ Page of Order of Case No. Petition No. 10. þ After þ þ trial, þ admission of plea, þ no contest plea, þ and by þ þ a preponderance of the evidence, þ en-US clear and convincing evidence, þ þ a. þ there are no statutory grounds to exercise jurisdiction over the child(ren). þ þ b. þ there are statutory grounds to exercise jurisdiction over the child(ren) (MCL 712A.2[b]). The statutory ground(s) is/are: þ þ failure to provide, when able to do so, support, education, medical, surgical, or other necessary care for health or þ morals. þ þ substantial risk of harm to mental well-being. þ þ abandonment by parents. þ þ lack of proper custody or guardianship. þ þ an unfit home environment, by reason of neglect, cruelty, drunkenness, criminality, or depravity on the part of a þ parent, guardian, nonparent adult, or other custodian. þ þ failure to comply with a limited guardianship placement plan. þ þ failure to comply with a court-structured guardianship plan. þ þ when a guardianship is in place, failure to provide support or to regularly visit, contact or communicate with the þ child(ren) for a period of 2 years, either before or after a guardianship petition was filed and a support order entered. þ þ the juvenile is in danger of substantial physical or psychological harm and is dependent because þ þ the juvenile is homeless or not domiciled with a parent or other legally responsible person. þ þ the juvenile has repeatedly run away from home and is beyond the control of a parent or other legally responsible þ person. þ þ the juvenile is alleged to have committed a commercial sexual activity as that term is defined in MCL 750.462a þ þ or a delinquent act that is the result of force, fraud, coercion, or manipulation exercised by a parent or other adult. þ þ the juvenile222s custodial parent or legally responsible person has died or has become permanently incapacitated þ and no appropriate parent or legally responsible person is willing and able to provide care for the juvenile. 11. þ Specific findings of facts and law are þ on the record. þ in the attached written opinion. þ en-US as noted below. þ þ 12. þ þ a. þ Contrary to the welfare findings were made in a prior order. þ þ b. þ It is contrary to the welfare of the child(ren) to remain in the home because: en-US(Attach separate sheets as necessary.) þ þ þ þ 13. þ þ a. þ Consistent with the circumstances, reasonable efforts to prevent or eliminate removal of the child(ren) from the þ home were made as determined in a prior order. þ en-USOR 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: (Specify below.) þ 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 13.b or 13.c are: en-US(Specify the efforts from 13.b or 13.c here. If the child is an Indian child, specify active efforts as defined by þ MCR 3.002 and MCL 712B.3[a].) þ þ d. þ Reasonable efforts to prevent or eliminate removal of the child(ren) from the home were not made. þ þ e. þ Reasonable efforts to prevent or eliminate removal of the child(ren) from the home were not required as determined þ in a prior order. þ en-USNote: en-USIf the child(ren) were not removed before adjudication and the court determines at trial that removal is necessary, the en-UScourt must make the required findings regarding contrary to the welfare and reasonable efforts to prevent removal. American LegalNet, Inc. www.FormsWorkFlow.com Order of Adjudication (Child Protective Proceedings) þ (12/18) þ Page of Order of Case No. Petition No. þ 14. þ a. þ Reasonable efforts are not required to prevent or eliminate the child(ren)222s removal from the home due to the þ 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 þ en-US þ en-US en-US . þ 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 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 14 is checked, either complete item 16 below or schedule a permanency planning hearing within 28 days of this determination.) þ þ 15. þ en-US a. Reasonable efforts shall be made to preserve and reunify the family to make it possible for the child(ren) to safely þ return home. þ en-US b. Reasonable efforts shall not be made to preserve and reunify the family because it would be detrimental to the þ child(ren)222s health and safety. þ þ 16. þ Because reasonable efforts to prevent or eliminate removal or to reunite the child(ren) and family are no