Rule 3.961 - Initiating Child Protective Proceedings(A) Form. Absent exigent circumstances, a request for court action to protect a child must be in the form of a petition. The form, captioning, signing, and verifying of documents are prescribed in MCR 1.109(D) and (E). When any pending or resolved family division or tribal court case exists that involves family members of the person(s) named in the petition filed under subrule (B), the petitioner must complete and file a case inventory listing those cases, if known. The case inventory is confidential, not subject to service requirements, and is available only to the party that filed it, the filing party's attorney, the court, and the friend of the court. The case inventory must be on a form approved by the State Court Administrative Office.(B) Content of Petition. A petition must contain the following information, if known: (1) The child's name, address, and date of birth.(2) The names and addresses of:(a) the child's mother and father,(b) the parent, guardian, legal custodian, or person who has custody of the child, if other than a mother or father, and(c) the nearest known relative of the child, if no parent, guardian, or legal custodian can be found.(3) The essential facts that constitute an offense against the child under the Juvenile Code.(4) A citation to the section of the Juvenile Code relied on for jurisdiction.(5) The child's membership or eligibility for membership in an Indian tribe, if any, and the identity of the tribe.(6) The type of relief requested. A request for removal of the child or a parent or for termination of parental rights at the initial disposition must be specifically stated. If the petition requests removal of an Indian child or if an Indian child was taken into protective custody pursuant to MCR 3.963 as a result of an emergency, the petition must specifically describe: (a) the active efforts as defined in MCR 3.002, that have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family; and(b) documentation, including attempts, to identify the child's tribe.(C) Amended and Supplemental Petitions. (1) If a nonrespondent parent is being added as an additional respondent to a petition that has been authorized by the court under MCR 3.962 or MCR 3.965 against the first respondent parent, and the first respondent parent has not made a plea under MCR 3.971 or a trial has not been conducted under MCR 3.972, the allegations against the second respondent shall be filed in an amended petition.(2) If a nonrespondent parent is being added as an additional respondent in a case in which a petition has been authorized under MCR 3.962 or MCR 3.965, and adjudicated by plea under MCR 3.971 or by trial under MCR 3.972, the allegations against the second respondent shall be filed in a supplemental petition.(3) If either an amended or supplemental petition is not accompanied by a request for placement of the child or the child is not in protective or temporary custody, the court shall conduct a preliminary inquiry to determine the appropriate action to be taken on a petition. If either the amended or supplemental petition contains a request for removal, the court shall conduct a preliminary hearing to determine the appropriate action to be taken on the petition consistent with MCR 3.965(B). If either the amended or supplemental petition is authorized, the court shall proceed against each respondent parent in accordance with MCR 3.971 or MCR 3.972.Amended March 25, 2015, effective immediately but pending public comment. March 25, 2015 amendment retained by order dated September 23, 2015. Staff Comment: The Court retained the amendments of MCR 3.903, 3.920, 3.961, and 3.965 that became effective on March 25, 2015, and were prompted by the Michigan Supreme Court's decision in In re Sanders, 495 Mich 394 (2014), to provide clarification and procedural provisions with regard to a nonrespondent parent and adjudication that is consistent with the Court's holding. The Court further amended MCR 3.961(C)(3), effective immediately, to require the court to proceed against each respondent parent in accordance with MCR 3.971 or MCR 3.972 if either the amended or supplemental petition is authorized; amended May 30, 2018, effective 9/1/2018; amended September 11, 2019, effective 9/11/2019; amended September 18, 2019, effective 1/1/2020; amended March 11, 2020, effective 3/11/2020.