Approved, SCAO JIS CODE: TRP ORDER FOLLOWING HEARING TO TERMINATE PARENTAL RIGHTS (CHILD PROTECTIVE PROCEEDINGS) ORDER _____ OF _____ STATE OF MICHIGAN JUDICIAL CIRCUIT - FAMILY DIVISION COUNTY CASE NO. PETITION NO. Court telephone no. Court address 1. In the matter of name(s), alias(es), DOB 2. Date of hearing: Judge/Referee: Bar no. 3. Removal date: (Specify for each child if different.) 4. An adjudication was held and the child(ren) was/were found to come within the jurisdiction of the court. 5. A petition to terminate parental rights has been filed and notice of hearing on the petition was given as required by law. 6. Specific findings of fact and law regarding this proceeding have been made on the record or by separate written opinion of the court. THE COURT FINDS: 7. a. Reasonable efforts were made to preserve and unify the family to make it possible for the child(ren) to safely return to the child(ren)'s home. Those efforts were unsuccessful. b. Reasonable efforts were not made to preserve and unify the family because it was previously determined in a prior court order to be detrimental to the child(ren)'s health and safety. c. Reasonable efforts were not required to preserve and reunify the family as determined in a prior court order. (This requires a permanency planning hearing within 28 days.) 8. The child(ren) is/are member(s) of or eligible for membership in an Indian tribe. There is evidence beyond a reasonable doubt, including qualified expert witness testimony, that continued custody of the child(ren) by the parent(s) or Indian custodian is likely to result in serious emotional or physical damage to the child(ren). 9. There is clear and convincing evidence that a statutory basis exists for terminating the parental rights of , parent(s) of the child(ren), Name(s) of parent(s) 10. Termination of parental rights IT IS ORDERED: 11. The parental rights of is is not in the best interests of the child(ren). Name(s) of parent(s) are terminated, and additional efforts for reunification of the child(ren) with the parent(s) shall not be made. a. The child(ren) is/are continued in the temporary custody of this court and remain in placement with the Department of Human Services for care and supervision. b. The child(ren) is/are committed to the Department of Human Services for permanency planning, supervision, care, and placement under MCL 400.203. 13. 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. 14. Other: (Include reimbursement provisions as required by MCL 712A.18[2], attach separate sheet.) 15. The court reserves the right to enforce payments of reimbursement that have accrued up to and including the date of this order. 12. 16. The supplemental petition to terminate the parental rights of is denied. Name(s) of parent(s) 17. A review hearing permanency planning hearing will be held . Date Recommended by: Referee signature Date Judge NOTE: If a child remains in foster care and parental rights are terminated in accordance with MCL 712A.19a(2), a permanency planning hearing must be held within 28 days. If proper notice has already been given, the permanency planning hearing can be conducted immediately following the termination hearing. This is especially useful in obtaining a uniform date for future permanency planning hearings when parental rights have been terminated to more than one child and the removal dates of the children are different. Use form JC 76. Do not write below this line - For court use only USE NOTE: Do not use this form when terminating parental rights after release pursuant to the adoption code. 25 USC 1912, MCL 400.201 et seq., MCL 712A.18, MCL 712A.19a, MCL 712A.19b, MCL 712A.20, MCR 3.977, MCR 3.980 JC 63 (6/09) ORDER FOLLOWING HEARING TO TERMINATE PARENTAL RIGHTS (CHILD PROTECTIVE PROCEEDINGS) American LegalNet, Inc. www.FormsWorkFlow.com Note: Termination of parental rights at a hearing on a supplemental petition for termination of parental rights based on different circumstances. Pursuant to MCR 3.977(F), the court may act on a supplemental petition for termination of parental rights on the basis of new or different circumstances from the offense that led the court to take jurisdiction. The court must order termination of parental rights of a respondent and must order no additional efforts for reunification between the child and the respondent be made if: 1. The supplemental petition contains a request for termination of parental rights; 2. At the hearing on the supplemental petition, the court finds by clear and convincing legally admissible evidence that one or more of the facts alleged in the supplemental petition are true, and come within MCL 712A.19b(3).1 However, even if the case meets the above provisions, the court may choose not to terminate parental rights if it finds, by clear and convincing evidence, that termination of parental rights is not in the best interests of the child. This hearing must be held within 42 days after the filing of the supplemental petition. The court may extend this time period for an additional 21 days for good cause. Note: Termination of parental rights at the initial disposition. Pursuant to MCR 3.977(E), the court must order termination of parental rights at the initial dispositional and must order no additional efforts for reunification between the child and the respondent be made if: 1. The original or amended petition contains a request for termination of parental rights; 2. At the trial or plea proceedings, the trier of fact finds by a preponderance of the evidence that one or more grounds for taking jurisdiction of the child have been established; and 3. At the initial disposition hearing, the court finds by clear and convincing legally admissible evidence that one or more of the facts alleged in the petition are true, and come within MCL 712A.19b(3).2 However, even if the case meets the above provisions, the court may choose not to terminate parental rights if it finds, by clear and convincing evidence, that termination of parental rights is not in the best interests of the child. _________________________ 1 The two exceptions to this provision are MCL 712A.19b(3)(c)(i), which relates to the same conditions continuing to exist at least 182 days after the initial disposition, and would not be a different circumstance allowing for a supplemental petition for termination of parental rights; and MCL 712A.19b(3)(h), which allows for termination if the parent is imprisoned for such a time that the child will be deprived of a normal home for more than 2 years, the parent has not provided for the child’s proper care and custody, and there is no reasonable expectation that the parent will be able to provide proper care and custody within a reasonable time considering the child’s age. 2 The sole exception to this provision is MCL 712A.19b(3)(c), which allows for termination when the same conditions that led the court to take jurisdiction of the child continue to exist at least 182 days after the initial disposition. Since termination under this subsection could only occur 182 days after the initial disposition, it could never form the basis for termination at the initial disposition. American LegalNet, Inc. www.FormsWorkFlow.com