(A) General Definitions. When used in this subchapter, unless the context otherwise indicates: (1) "Case" means an action initiated in the family division of the circuit court by:(a) submission of an original complaint, petition, or citation;(b) acceptance of transfer of an action from another court or tribunal; or(c) filing or registration of a foreign judgment or order.(2) "Child protective proceeding" means a proceeding concerning an offense against a child.(3) "Confidential file" means (a) records of a case brought before the court under Chapter XIIA of the Probate Code, MCL 712A.1 et seq., including, but not limited to, (i) the diversion record of a minor pursuant to the Juvenile Diversion Act, MCL 722.821et seq.;(ii) the separate statement about known victims of juvenile offenses, as required by the Crime Victim's Rights Act, MCL 780.751et seq.;(iii) the testimony taken during a closed proceeding pursuant to MCR 3.925(A)(2) and MCL 712A.17(7);(iv) the dispositional reports pursuant to MCR 3.943(C)(3) and 3.973(E)(4);(v) biometric data required to be maintained pursuant to MCL 28.243;(vi) reports of sexually motivated crimes, MCL 28.247;(vii) test results of those charged with certain sexual offenses or substance abuse offenses, MCL 333.5129;(b) the contents of a social file maintained by the court, including materials such as: (i) youth and family record fact sheet;(iii) reports (such as dispositional, investigative, laboratory, medical, observation, psychological, psychiatric, progress, treatment, school, and police reports);(iv) Department of Health and Human Services records;(vii) information regarding the identity or location of a foster parent, preadoptive parent, or relative caregiver.(4) "Court" means the family division of the circuit court.(5) "Delinquency proceeding" means a proceeding concerning an offense by a juvenile, as defined in MCR 3.903(B)(3).(6) "Designated proceeding" means a proceeding in which the prosecuting attorney has designated, or has requested the court to designate, the case for trial in the family division of the circuit court in the same manner as an adult.(7) "Father" means: (a) A man married to the mother at any time from a minor's conception to the minor's birth, unless a court has determined, after notice and a hearing, that the minor was conceived or born during the marriage, but is not the issue of the marriage;(b) A man who legally adopts the minor;(c) A man who by order of filiation or by judgment of paternity is judicially determined to be the father of the minor;(d) A man judicially determined to have parental rights; or(e) A man whose paternity is established by the completion and filing of an acknowledgment of parentage in accordance with the provisions of the Acknowledgment of Parentage Act, MCL 722.1001et seq., or a previously applicable procedure. For an acknowledgment under the Acknowledgment of Parentage Act, the man and mother must each sign the acknowledgment of parentage before a notary public appointed in this state. The acknowledgment shall be filed at either the time of birth or another time during the child's lifetime with the state registrar.(8) "File" means a repository for collection of the pleadings and other documents and materials related to a case.(9) A petition is deemed "filed" when it is delivered to, and accepted by, the clerk of the court.(10) "Formal calendar" means judicial proceedings other than a delinquency proceeding on the consent calendar, a preliminary inquiry, or a preliminary hearing of a delinquency or child protective proceeding.(11) "Guardian" means a person appointed as guardian of a child by a Michigan court pursuant to MCL 700.5204 or 700.5205, by a court of another state under a comparable statutory provision, or by parental or testamentary appointment as provided in MCL 700.5202, or a juvenile guardian appointed pursuant to MCL 712A.19a or MCL 712A.19c.(12) "Juvenile Code" means 1944 (1st Ex Sess) PA 54, MCL 712A.1et seq., as amended.(13) "Juvenile Guardian" means a person appointed guardian of a child by a Michigan court pursuant to MCL 712A.19a or MCL 712A.19c. A juvenile guardianship is distinct from a guardianship authorized under the Estates and Protected Individuals Code.(14) "Legal Custodian" means an adult who has been given legal custody of a minor by order of a circuit court in Michigan or a comparable court of another state or who possesses a valid power of attorney given pursuant to MCL 700.5103 or a comparable statute of another state. It also includes the term "Indian custodian" as defined in MCR 3.002(15).(15) "Legally admissible evidence" means evidence admissible under the Michigan Rules of Evidence.(16) "Minor" means a person under the age of 18, and may include a person of age 18 or older over whom the court has continuing jurisdiction pursuant to MCL 712A.2a.(17) "Officer" means a government official with the power to arrest or any other person designated and directed by the court to apprehend, detain, or place a minor.(18) "Parent" means the mother, the father as defined in MCR 3.903(A)(7), or both, of the minor. It also includes the term "parent" as defined in MCR 3.002(20).(19) "Party" includes (a) in a delinquency proceeding, (i) the petitioner and juvenile.(b) in a protective proceeding, (i) the petitioner, child, and respondent(ii) the parent, guardian, or legal custodian.(20) "Petition" means a complaint or other written allegation, verified in the manner provided in MCR 1.109(D)(3), that a parent, guardian, nonparent adult, or legal custodian has harmed or failed to properly care for a child, or that a juvenile has committed an offense.(21) "Petition authorized to be filed" refers to written permission given by the court to proceed with placement on the formal calendar. Until a petition is authorized, it remains on the informal calendar.(22) "Petitioner" means the person or agency who requests the court to take action.(23) "Preliminary inquiry" means informal review by the court to determine appropriate action on a petition.(24) "Putative father" means a man who is alleged to be the biological father of a child who has no father as defined in MCR 3.903(A)(7).(25) "Records" are as defined in MCR 1.109 and MCR 8.119 and include, but are not limited to, pleadings, complaints, citations, motions, authorized and unauthorized petitions, notices, memoranda, briefs, exhibits, available transcripts, findings of the court, registers of action, consent calendar case plans, and court orders.(26) "Register of actions" means the case history of all cases, as defined in subrule (A)(1), maintained in accordance with Michigan Supreme Court Records Management Standards. See MCR 8.119(D)(1)(a).(27) "Trial" means the fact-finding adjudication of an authorized petition to determine if the minor comes within the jurisdiction of the court. "Trial" also means a specific adjudication of a parent's unfitness to determine whether the parent is subject to the dispositional authority of the court.(B) Delinquency Proceedings. When used in delinquency proceedings, unless the context otherwise indicates: (1) "Detention" means court-ordered removal of a juvenile from the custody of a parent, guardian, or legal custodian, pending trial, disposition, commitment, or further order.(2) "Juvenile" means a minor alleged or found to be within the jurisdiction of the court for having committed an offense.(3) "Offense by a juvenile" means an act that violates a criminal statute, a criminal ordinance, a traffic law, or a provision of MCL 712A.2(a) or (d).(4) "Prosecuting attorney" means the prosecuting attorney for a county, an assistant prosecuting attorney for a county, the attorney general, the deputy attorney general, an assistant attorney general, a special prosecuting attorney, and, in connection with the prosecution of an ordinance violation, an attorney for the political subdivision or governmental entity that enacted the ordinance, charter, rule, or regulation upon which the ordinance violation is based.(C) Child Protective Proceedings. When used in child protective proceedings, unless the context otherwise indicates: (1) "Agency" means a public or private organization, institution, or facility responsible pursuant to court order or contractual arrangement for the care and supervision of a child.(2) "Amended petition" means a petition filed to correct or add information to an original petition, as defined in subrule (A)(20), before it is adjudicated.(3) "Child" means a minor alleged or found to be within the jurisdiction of the court pursuant to MCL 712A.2(b).(4) "Contrary to the welfare of the child" includes, but is not limited to, situations in which the child's life, physical health, or mental well-being is unreasonably placed at risk.(5) "Foster care" means 24-hour a day substitute care for children placed away from their parents, guardians, or legal custodians, and for whom the court has given the Department of Health and Human Services placement and care responsibility, including, but not limited to,(a) care provided to a child in a foster family home, foster family group home, or child caring institution licensed or approved under MCL 722.111et seq., or(b) care provided to a child in a relative's home pursuant to an order of the court.(6) "Lawyer-guardian ad litem" means that term as defined in MCL 712A.13a(1)(g).(7) "Nonparent adult" means a person who is 18 years of age or older and who, regardless of the person's domicile, meets all the following criteria in relation to a child over whom the court takes jurisdiction under this chapter:(a) has substantial and regular contact with the child,(b) has a close personal relationship with the child's parent or with a person responsible for the child's health or welfare, and(c) is not the child's parent or a person otherwise related to the child by blood or affinity to the third degree.(8) "Nonrespondent parent" means a parent who is not named as a respondent in a petition filed under MCL 712A.2(b).(9) "Offense against a child" means an act or omission by a parent, guardian, nonparent adult, or legal custodian asserted as grounds for bringing the child within the jurisdiction of the court pursuant to the Juvenile Code.(10) "Placement" means court-approved transfer of physical custody of a child to foster care, a shelter home, a hospital, or a private treatment agency.(11) "Prosecutor" or "prosecuting attorney" means the prosecuting attorney of the county in which the court has its principal office or an assistant to the prosecuting attorney.(12) Except as provided in MCR 3.977(B), "respondent" means the parent, guardian, legal custodian, or nonparent adult who is alleged to have committed an offense against a child.(13) "Supplemental petition" means: (a) a written allegation, verified in the manner provided in MCR 1.109(D)(3), that a parent, for whom a petition was authorized, has committed an additional offense since the adjudication of the petition, or(b) a written allegation, verified in the manner provided in MCR 1.109(D)(3), that a nonrespondent parent is being added as an additional respondent in a case in which an original petition has been authorized and adjudicated against the other parent under MCR 3.971 or MCR 3.972, or(c) a written allegation, verified in the manner provided in MCR 1.109(D)(3), that requests the court terminate parental rights of a parent or parents under MCR 3.977(F) or MCR 3.977(H).(14) "Qualified Residential Treatment Program" means a residential program that has met all of the following criteria:(a) Use of a trauma-informed treatment model;(b) Registered or licensed nursing staff and other licensed clinical staff must be onsite or available 24 hours a day, 7 days a week;(c) Accredited by an independent not-for-profit organization as described in 42 USC 672(k)(4)(G);(d) Integration of families into treatment, including sibling connections;(e) Discharge planning and aftercare support for at least six months post discharge; and(f) Does not include a detention center, forestry camp training school, or other facility operated primarily for minor children determined to be delinquent.(15) "Qualified Individual" means a trained professional or licensed clinician who is not an employee of the department and who is not connected to, or affiliated with, any placement setting in which children are placed by the department, and who is responsible for conducting an assessment of a child placed in a qualified residential treatment program pursuant to MCL 722.123a.(D) Designated Proceedings. (1) "Arraignment" means the first hearing in a designated case at which(a) the juvenile is informed of the allegations, the juvenile's rights, and the potential consequences of the proceeding;(b) the matter is set for a probable cause or designation hearing; and,(c) if the juvenile is in custody or custody is requested pending trial, a decision is made regarding custody pursuant to MCR 3.935(C).(2) "Court-designated case" means a case in which the court, pursuant to a request by the prosecuting attorney, has decided according to the factors set forth in MCR 3.952(C)(3) that the juvenile is to be tried in the family division of circuit court in the same manner as an adult for an offense other than a specified juvenile violation.(3) "Designated case" means either a prosecutor-designated case or a court-designated case.(4) "Designation hearing" means a hearing on the prosecuting attorney's request that the court designate the case for trial in the same manner as an adult in the family division of circuit court.(5) "Preliminary examination" means a hearing at which the court determines whether there is probable cause to believe that the specified juvenile violation or alleged offense occurred and whether there is probable cause to believe that the juvenile committed the specified juvenile violation or alleged offense.(6) "Prosecutor-designated case" means a case in which the prosecuting attorney has endorsed a petition charging a juvenile with a specified juvenile violation with the designation that the juvenile is to be tried in the same manner as an adult in the family division of the circuit court.(7) "Sentencing" means the imposition of any sanction on a juvenile that could be imposed on an adult convicted of the offense for which the juvenile was convicted or the decision to delay the imposition of such a sanction.(8) "Specified juvenile violation" means any offense, attempted offense, conspiracy to commit an offense, or solicitation to commit an offense, as enumerated in MCL 712A.2d, that would constitute: (a) burning of a dwelling house, MCL 750.72;(b) assault with intent to commit murder, MCL 750.83;(c) assault with intent to maim, MCL 750.86;(d) assault with intent to rob while armed, MCL 750.89;(e) attempted murder, MCL 750.91;(f) first-degree murder, MCL 750.316;(g) second-degree murder, MCL 750.317;(h) kidnapping, MCL 750.349;(i) first-degree criminal sexual conduct, MCL 750.520b;(j) armed robbery, MCL 750.529;(k) carjacking, MCL 750.529a;(l) robbery of a bank, safe, or vault, MCL 750.531;(m) possession, manufacture, or delivery of, or possession with intent to manufacture or deliver, 650 grams(1,000 grams beginning March 1, 2003) or more of any schedule 1 or 2 controlled substance, MCL 333.7401, 333.7403;(n) assault with intent to do great bodily harm less than murder, MCL 750.84, if armed with a dangerous weapon as defined by MCL 712A.2d(9)(b);(o) first-degree home invasion, MCL 750.110a(2), if armed with a dangerous weapon as defined by MCL 712A.2d(9)(b);(p) escape or attempted escape from a medium security or high security facility operated by the Department of Health and Human Services or a high-security facility operated by a private agency under contract with the Department of Health and Human Services, MCL 750.186a;(q) any lesser-included offense of an offense described in subrules (a)-(p), if the petition alleged that the juvenile committed an offense described in subrules (a)-(p); or(r) any offense arising out of the same transaction as an offense described in subrules (a)-(p), if the petition alleged that the juvenile committed an offense described in subrules (a)-(p).(9) "Tried in the same manner as an adult" means a trial in which the juvenile is afforded all the legal and procedural protections that an adult would be given if charged with the same offense in a court of general criminal jurisdiction.(E) Minor Personal Protection Order Proceedings. When used in minor personal protection order proceedings, unless the context otherwise indicates: (1) "Minor personal protection order" means a personal protection order issued by a court against a minor under jurisdiction granted by MCL 712A.2(h).(2) "Original petitioner" means the person who originally petitioned for the minor personal protection order.(3) "Prosecutor" or "prosecuting attorney" means the prosecuting attorney of the county in which the court has its principal office or an assistant to the prosecuting attorney.(F) Michigan Indian Family Preservation Act. If an Indian child, as defined by the Michigan Indian Family Preservation Act, MCL 712B.1et seq., is the subject of a protective proceeding or is charged with a status offense in violation of MCL 712A.2(a)(2)-(4) or (d), the definitions in MCR 3.002 shall control.
Amended March 25, 2015, effective immediately but pending public comment. March 25, 2015 amendment retained by order dated September 23, 2015; last amended effective 12/14/2016; amended March 28, 2018, effective 5/1/2018; amended August 30, 2018, effective 9/1/2018; amended August 14, 2019, effective 8/14/2019; amended September 18, 2019, effective 1/1/2020; amended March 10, 2021, effective 3/10/2021; amended March 10, 2021, effective 3/24/2021; amended May 3, 2023, effective 5/3/2023; amended April 11, 2024, effective 4/11/2024.Staff Comment: The amendment of MCR 3.903 removes the requirement that juvenile guardianship information be maintained in a nonpublic manner. This change resolves the conflict between the child protective proceeding social file (which is considered nonpublic) and the juvenile guardianship file (which is public), and makes the rule consistent with current court practices.
The staff comment is not an authoritative construction by the Court. In addition, adoption of a new rule or amendment in no way reflects a substantive determination by this Court.