Form JC 75 Order After Removal Hearing (Child Protective Proceedings) - Michigan

Form JC75 is a Michigan Juvenile Court form also known as the "Order After Removal Hearing (child Protective Proceedings)". The latest edition of the form was released in December 1, 2018 and is available for digital filing.

Download an up-to-date Form JC75 in PDF-format down below or look it up on the Michigan Juvenile Court Forms website.

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PCS CODE: RMH/OFE
Approved, SCAO
TCS CODE: ERH/OFER
STATE OF MICHIGAN
CASE NO.
ORDER AFTER REMOVAL HEARING
PETITION NO.
JUDICIAL CIRCUIT - FAMILY DIVISION
(CHILD PROTECTIVE PROCEEDINGS)
COUNTY
ORDER
OF
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.
a. This emergency removal hearing is held
preadjudication
postadjudication
under MCR 3.974(C).
Protective custody of the child(ren) was already ordered on
.
(form JC 05b or other)
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 next hearing
.
(see item 18)
Contrary to the welfare findings were made in the order authorizing the emergency removal
.
(form JC 05b or other)
Each parent, guardian, or legal custodian from whom the child(ren) was/were removed has received a written
statement of the reasons for the emergency removal and has been advised of his/her rights in accordance with
MCR 3.974(C)(3).
b. This removal hearing is held
preadjudication
postadjudication
under MCR 3.974(B). The child(ren)
has not/have not been removed prior to this hearing and an order to take the child(ren) into protective custody
is not necessary.
is necessary. Under MCL 712A.2(b) and MCR 3.965(C) there is reasonable cause to believe:
1) the child(ren) is/are at substantial risk of harm or is/are in surroundings that present an imminent risk of harm and
the child(ren)’s immediate removal from those surroundings is necessary to protect the child(ren)’s health and
safety,
2) the circumstances warrant issuing this order,
3) consistent with the circumstances, reasonable efforts were made to prevent or eliminate the need for removal of
the child(ren) as stated in item 7,
4) no remedy other than protective custody is reasonably available to protect the child(ren), and
5) continuing to reside in the home is contrary to the child(ren)’s welfare because:
(Attach separate sheets as necessary.)
4. The parent(s), guardian, or legal custodian were present and/or attempts were made to secure the presence of each parent,
guardian, or legal custodian.
5. The lawyer-guardian ad litem for the child(ren) was present.
6. The child(ren) is/are Indian as defined in MCR 3.002(12). The petitioner
has
has not given notice of this
removal hearing as required by MCR 3.920(C)(1).
The 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
See additional pages.
Use Note: Use JC 75 when all of these
Do not write below this line - For court use only
circumstances exist: (1) a supplemental or amended
petition has been filed for removal from a parent’s
home, (2) a preliminary hearing has already been
held, and (3) a petition was already authorized.
Reference Note: The term “department” refers to the
Department of Health and Human Services.
MCL 712A.13a, MCR 3.002, MCR 3.920(C)(2)(a), MCR 3.965(C), MCR 3.974, MCR 3.979(F)(2)
ORDER AFTER REMOVAL HEARING (CHILD PROTECTIVE PROCEEDINGS)
JC 75 (12/18)
PCS CODE: RMH/OFE
Approved, SCAO
TCS CODE: ERH/OFER
STATE OF MICHIGAN
CASE NO.
ORDER AFTER REMOVAL HEARING
PETITION NO.
JUDICIAL CIRCUIT - FAMILY DIVISION
(CHILD PROTECTIVE PROCEEDINGS)
COUNTY
ORDER
OF
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.
a. This emergency removal hearing is held
preadjudication
postadjudication
under MCR 3.974(C).
Protective custody of the child(ren) was already ordered on
.
(form JC 05b or other)
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 next hearing
.
(see item 18)
Contrary to the welfare findings were made in the order authorizing the emergency removal
.
(form JC 05b or other)
Each parent, guardian, or legal custodian from whom the child(ren) was/were removed has received a written
statement of the reasons for the emergency removal and has been advised of his/her rights in accordance with
MCR 3.974(C)(3).
b. This removal hearing is held
preadjudication
postadjudication
under MCR 3.974(B). The child(ren)
has not/have not been removed prior to this hearing and an order to take the child(ren) into protective custody
is not necessary.
is necessary. Under MCL 712A.2(b) and MCR 3.965(C) there is reasonable cause to believe:
1) the child(ren) is/are at substantial risk of harm or is/are in surroundings that present an imminent risk of harm and
the child(ren)’s immediate removal from those surroundings is necessary to protect the child(ren)’s health and
safety,
2) the circumstances warrant issuing this order,
3) consistent with the circumstances, reasonable efforts were made to prevent or eliminate the need for removal of
the child(ren) as stated in item 7,
4) no remedy other than protective custody is reasonably available to protect the child(ren), and
5) continuing to reside in the home is contrary to the child(ren)’s welfare because:
(Attach separate sheets as necessary.)
4. The parent(s), guardian, or legal custodian were present and/or attempts were made to secure the presence of each parent,
guardian, or legal custodian.
5. The lawyer-guardian ad litem for the child(ren) was present.
6. The child(ren) is/are Indian as defined in MCR 3.002(12). The petitioner
has
has not given notice of this
removal hearing as required by MCR 3.920(C)(1).
The 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
See additional pages.
Use Note: Use JC 75 when all of these
Do not write below this line - For court use only
circumstances exist: (1) a supplemental or amended
petition has been filed for removal from a parent’s
home, (2) a preliminary hearing has already been
held, and (3) a petition was already authorized.
Reference Note: The term “department” refers to the
Department of Health and Human Services.
MCL 712A.13a, MCR 3.002, MCR 3.920(C)(2)(a), MCR 3.965(C), MCR 3.974, MCR 3.979(F)(2)
ORDER AFTER REMOVAL HEARING (CHILD PROTECTIVE PROCEEDINGS)
JC 75 (12/18)
Order After Removal Hearing (Child Protective Proceedings) (12/18) Page
of
Case No.
Order
of
Petition No.
7.
a. Consistent with the circumstances, reasonable efforts to prevent or eliminate removal of the child(ren) from the
. OR
home were made as determined in the order authorizing the emergency removal
(form JC 05b or other)
b. Consistent with the circumstances, reasonable efforts were made to prevent or eliminate removal of the child(ren)
from the home. Those efforts include:
OR
(Specify below.)
c. The child(ren) is/are Indian, and the court finds by clear and convincing evidence and the testimony of a qualified
expert witness who has knowledge about the child-rearing practices of the Indian child’s tribe, that 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 below.)
The efforts for 7.b. or 7.c. are:
(Specify the efforts from 7.b. or 7.c. here. If the child is an Indian child, specify active efforts as defined by
MCR 3.002[1] and MCL 712B.3[a].)
d. Reasonable efforts to prevent or eliminate removal of the child(ren) from the home were not made.
8. a. Reasonable efforts are not required to prevent or eliminate 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
.
mother’s
father’s
conviction for murder of another child of the parent.
mother’s
father’s
conviction for voluntary manslaughter of another child of the parent.
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.
mother’s
father’s
conviction for felony assault that resulted in serious bodily injury to the
child(ren) or another child of the parent.
mother’s
father’s
involuntary termination of parental rights to a sibling of the child(ren) and
failure by that parent to rectify the conditions that led to that termination.
mother
father
being required to register under the Sex Offender Registration Act.
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 8 is checked, either complete item 10 below or schedule a permanency planning hearing within 28 days of this determination.)
Order After Removal Hearing (Child Protective Proceedings) (12/18) Page
of
Case No.
Order
of
Petition No.
9.
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.
10. Because reasonable efforts to prevent or eliminate 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.)
11. Custody of the child(ren) with the parent/guardian/legal custodian
a. presents a substantial risk of harm to the child(ren)’s life, physical health, or mental well-being.
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, or 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 health and welfare.
b. does not present a substantial risk of harm to the child(ren)’s life, physical health, or mental well-being.
12.
a. All siblings are in joint placement.
b. All siblings are not in joint placement because:
Sibling contact
is occurring according to law.
is not occurring because
:
(see item 16 to order sibling contact)
13. Parenting time with
, even if supervised, may be harmful to the child(ren).
IT IS ORDERED:
14. The child(ren)
a. is/are placed with the department for care and supervision, and
1) 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 with the name(s) and address(es) of the medical provider(s) for the child(ren).
Any medical provider of the child(ren) shall release the medical records of the child(ren) to the department.
2) if the child(ren) is/are placed in the home of a relative, a home study shall be performed by the department and
a copy of the home study submitted to the court not more than 30 days after the placement.
3) upon request, the department shall release to the foster parent the information concerning the child(ren) in
accordance with MCL 712A.13a(15).
The child(ren) shall be taken into protective custody. To effect this order,
is authorized to enter the premises located at
.
This authorization to enter the premises and take the child(ren) into protective custody expires
.
Enter on LEIN
b. is/are released to
under the supervision of the
Name(s) of parent(s), guardian, or legal custodian
department.
The following terms and conditions apply to the parent(s), guardian, or legal custodian:
15. The child(ren) named
shall have
a psychological evaluation
counseling
to determine appropriateness and conditions of
parenting time.
Order After Removal Hearing (Child Protective Proceedings) (12/18) Page
of
Case No.
Order
of
Petition No.
IT IS ORDERED: (continued)
16. Sibling contact shall be as follows:
17.
a. Parenting time of
is
unsupervised.
supervised until further order of the court.
The department has discretion to allow unsupervised or supervised parenting time by its designee.
b. Parenting time of
is
unsupervised.
supervised until further order of the court.
The department has discretion to allow unsupervised or supervised parenting time by its designee.
c. Parenting time of
is
unsupervised.
supervised until further order of the court.
The department has discretion to allow unsupervised or supervised parenting time by its designee.
d.
18. This matter is set for
an adjudication
(within 63 days of removal under MCR 3.972[A])
a dispositional hearing
(within 28 days of removal under MCR 3.974[D][1])
a dispositional review hearing
(within 14 days of removal under MCR 3.974[D][2])
before
on
.
Name
Date and time
19. This matter is set for an Indian child removal hearing on
under MCR 3.967. The
Date and time
petitioner shall give notice of these proceedings as required by MCR 3.920(C)(2).
(Use form JC 48.)
20. Other:
Recommended by:
Referee signature
Date
Date
Judge

Download Form JC 75 Order After Removal Hearing (Child Protective Proceedings) - Michigan

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