December 18, 2001



99-55



Amendment and Renumbering of 
Rules 5.750-5.756 and 5.781-5.783 
of the Michigan Court Rules
_________________________________


     On order of the Court, notice of the proposed changes and an
opportunity for comment in writing and at a public hearing having
been provided, Rules 5.750-5.756 and 5.781-5.783 of the Michigan
Court Rules are amended and renumbered as MCR 3.800-3.806 and
3.613-3.615, respectively, to be effective May 1, 2002.

      [The present language is amended as indicated below.] 

ICLE Editor's Note:


[Italicized, bracketed text] indicates text that has been
deleted.

Bold text  indicates new text.




Rule 3.613 [5.781]     Change of Name  

          [Changes are shown from former MCR 5.781.]

(A)     [Formerly MCR 5.781(A), redesignated, but
otherwise unchanged.]

(B)  Minor's Signature.  A petition for a change of name by a
minor need not be signed in the presence of [the probate]
a judge.

(C)  Notice to Noncustodial Parent.  Service on a noncustodial
parent of a minor who is the subject of a petition for change of
name shall be made in the following manner.

     (1)  [Formerly 5.781(C)(1), redesignated, but otherwise
unchanged.] 

     (2)  Address Unknown.  If the noncustodial parent's address
or whereabouts is not known and cannot be ascertained after
diligent inquiry, that parent shall be served with a notice of
hearing [as required] by [MCR 5.106] publishing
in a newspaper and filing a proof of service as provided by MCR
2.106(F) and (G).  The notice must be published one time at least
14 days before the date of the hearing, must include the name of
the noncustodial parent and a statement that the result of the
hearing may be to bar or affect the noncustodial parent's
interest in the matter, and that publication must be in the
county where the court is located unless a different county is
specified by statute, court rule, or order of the court.  A
notice published under this subrule need not set out the contents
of the petition if it contains the information required under
subrule (A).  A single publication may be used to notify the
general public and the noncustodial parent whose address cannot
be ascertained if the notice contains the noncustodial parent's
name.

(D)  [Formerly MCR 5.781(D), redesignated, but otherwise
unchanged.]

(E)    Confidential Records.  In cases where the court orders
that records are to be confidential and that no publication is to
take place, records are to be maintained in a sealed envelope
marked confidential and placed in a private file. Except as
otherwise ordered by the court, only the original petitioner may
gain access to confidential files, and no information relating to
a confidential record, including whether the record exists, shall
be accessible to the general public.


Rule 3.614 [5.782]     Health Threats to Others 

          [Changes are shown from former MCR 5.782.]

(A)  Public Health Code, Application.  Except as modified by this
rule, proceedings relating to carriers of contagious diseases who
pose threats to the health of others under part 52 of the public
health code are governed by the rules generally applicable to
[probate court] civil proceedings.

(B)  [Formerly MCR 5.782(B), redesignated, but otherwise
unchanged.] 

(C)  Interested Parties.  The interested parties in a petition
for treatment of infectious disease are the petitioner and the
respondent.

[(C)](D)   [Formerly MCR 5.782(C), redesignated,
but otherwise unchanged.]

[(D)](E)   Commitment to Facility.

     (1)  [Formerly MCR 5.782(D)(1), redesignated, but otherwise
unchanged.]

     (2)  Reevaluation at Request of Respondent.  Once within any
six-month period or more often by leave of the court, an
individual committed to a facility for treatment of an infectious
disease may file in the [probate] court a petition for a
new Commitment Review Panel recommendation on whether the
patient's commitment should be terminated.  Within 14 days after
receipt of the report of the reconvened Commitment Review Panel,
the court shall review the panel's report and enter an order. 
The court may modify, continue or terminate its order of
commitment without a hearing.


Rule 3.615 [5.783]     Parental Rights Restoration Act
Proceedings  

          [Changes are shown from former MCR 5.783.]

(A)  Applicable Rules.  A proceeding by a minor to obtain a
waiver of parental consent for an abortion shall be governed by
the rules applicable to [probate] civil proceedings
except as modified by this rule.
     
(B)-(J)   [Formerly MCR 5.783(B)-(J), redesignated, but otherwise
unchanged.]

(K)  Order.    

     (1)  [Formerly MCR 5.783(K)(1), redesignated, but otherwise
unchanged.]

     (2)  Order Denying Waiver, Notice of Appeal, Appointment of
Counsel, Preparation of Transcript.  If the order denies relief,
the court shall endorse the time and date on the order.  The
order shall be served on the minor's attorney or, if none, the
minor along with 

          (a)  [Formerly MCR 5.783(K)(2)(a), redesignated, but
otherwise unchanged.]    

          (b)  a notice that, if the minor desires to appeal,     
the minor must file the notice of appeal with       the
[probate] court within 24 hours.

     (3)  Appeal.

          (a)  Upon receipt of a timely notice of appeal, the
[probate] court must appoint counsel and order that the
transcript be prepared immediately and two copies filed within 72
hours.  If the minor was represented by counsel in the
[probate] court proceedings, the court must reappoint the
same attorney unless there is good cause for a different
appointment.  As soon as the transcript is filed, the court shall
forward the file to the Court of Appeals.

          (b)-(f)   [Formerly MCR 5.783(K)(3)(b)-(f),
redesignated, but otherwise unchanged.]


Subchapter 3.800    Adoption  

          [Rules in this subchapter were formerly found in
     Subchapter 5.750.  Changes are shown from the language
     of former MCR 5.750-5.756.]


Rule 3.800 [5.750]     Applicable Rules

Except as modified by MCR [5.751-5.755] 3.801-
3.806, adoption proceedings are governed by the rules
generally applicable to [probate] civil
proceedings.


Rule 3.801 [5.751]

[Formerly MCR 5.751, redesignated, but otherwise unchanged.]


Rule 3.802 [5.752]     Manner and Method of Service

(A)  Service of Papers.

     (1)  [Personal Service.]  A notice of intent to
release or consent pursuant to MCL 710.34(1)[; MSA
27.3178(555.34)(1)] may only be served by personal service by
a peace officer or a person authorized by the court.

     (2)  [Service Through Third Parties.  The following must
be served either by personal service under MCR 5.105(B)(1) or by
certified mail, return receipt requested;

]          [(a)]   [a notice of petition to
identify a putative father and determine or terminate his rights;
and]

          [(b)]   [a petition to terminate the parental
rights of a noncustodial parent.]

          Notice of a petition to identify a putative father
and to determine or terminate his rights, or a petition to
terminate the rights of a noncustodial parent, must be served on
the individual or the individual's attorney in the manner
provided in MCR 5.105(B)(1)(a) or (b).[

]     (3)  Except as provided in subrules (B) and (C), all
other papers may be served by mail under MCR [5.105]
2.107(C)(3).

(B)   Service When Identity or Whereabouts of Father is
     Unascertainable.

     (1)   If service cannot be made under subrule (A)(2)(a)
because the identity of the father of a child born out of wedlock
or the whereabouts of the identified father has not been
ascertained after diligent inquiry, the petitioner must file
proof, by affidavit or by declaration under MCR
[5.114(B)(1)] 2.114(B)(2), of the attempt to
identify or locate the father.  No further service is necessary
before the hearing to identify the father and to determine or
terminate his rights.

     (2)  [Formerly MCR 5.752(B)(2), redesignated, but otherwise
unchanged.]

(C)  Service When Whereabouts of Noncustodial Parent is
Unascertainable.  If service of a petition to terminate the
parental rights of a noncustodial parent pursuant to
MCL 710.51(6)[; MSA 27.3178(555.51)(6)] cannot be made
under subrule (A)(2)(b) because the whereabouts of the
noncustodial parent has not been ascertained after diligent
inquiry, the petitioner must file proof, by affidavit or by
declaration under MCR [5.114(B)(1)] 2.114(B)(2), of
the attempt to locate the noncustodial parent.  If the court
finds, on reviewing the affidavit or declaration, that service
cannot be made because the whereabouts of the person has not been
determined after reasonable effort, the court may direct any
manner of substituted service of the notice of hearing, including
service by publication.


Rule 3.803 [5.753]

[Formerly MCR 5.753, redesignated, but otherwise unchanged.] 


Rule 3.804 [5.754]

[Formerly MCR 5.754, redesignated, but otherwise unchanged.] 


Rule 3.805 [5.755]     

[Formerly MCR 5.755, redesignated, but otherwise unchanged.] 


Rule 3.806 [5.756]

[Formerly MCR 5.756, redesignated, but otherwise unchanged.] 


[Rule 5.750 Applicable Rules]    

     Redesignated as MCR 3.800.


[Rule 5.751      Papers, Execution]

     Redesignated as MCR 3.801.



[
Rule 5.752     Manner and Method of Service]

     Redesignated as MCR 3.802.


[Rule 5.753      Financial Reports, Subsequent Orders]

     Redesignated as MCR 3.803.


[Rule 5.754      Consent Hearing]

     Redesignated as MCR 3.804.


[Rule 5.755      Temporary Placements]
     
     Redesignated as MCR 3.805.


[Rule 5.756      Rehearings]

     Redesignated as MCR 3.806.


[Rule 5.781      Change of Name]

     Redesignated as MCR 3.613.


[Rule 5.782      Health Threats to Others]

     Redesignated as MCR 3.614.


[Rule 5.783      Parental Rights Restoration Act
Proceedings]

     Redesignated as MCR 3.615.




          Staff Comment:  The amendment and renumbering of
MCR 5.750-5.756 and 5.781-5.783 as MCR 3.800-3.806 and
3.613-3.615, effective May 1, 2002, were proposed by the Family
Division Joint Rules Committee.  The statute creating the family
division of circuit court gave it jurisdiction of a number of
types of proceedings formerly heard in the probate court.  See
MCL 600.1021.  The amendments move the rules governing adoptions,
change of name, Parental Rights Restoration Act proceedings, and
proceedings regarding persons who pose health threats to others,
from Chapter 5, which contains probate court provisions, to
Chapter 3.  In addition, there are several modifications of the
rules.  The change-of-name rule will use the circuit court
publication procedure.  MCR 3.613(C)(2).  A provision on
confidentiality of records is added to the change-of-name rule. 
MCR 3.613(E).  New subrule MCR 3.614(C) will specify the
interested parties in a petition for treatment of infectious
disease.  (File No. 99-55.)  


The staff comment is published only for the benefit of the bench
and bar and is not an authoritative construction by the Court.