June 12, 2001


99-55


Proposed Amendments of the 
Michigan Court Rules for the
Family Division of the Circuit Court
__________________________________


          On order of the Court, this is to advise that the Court
is considering amendments of the Michigan Court Rules, which are
based on a proposal of the Family Division Joint Rules Committee,
a Supreme Court standing advisory committee.  The language
contained in the proposed amendments is taken in large part from
Rules 5.781-5.783 and Rules 5.750-5.756, which have been renumbered
Rules 3.613-3.615 and Rules 3.800-3.806, respectively.  Before
determining whether the proposal should be adopted, changed before
adoption, or rejected, this notice is given to afford any
interested person the opportunity to comment on the form or the
merits of the proposal.  We welcome the views of all who wish to
address the proposal or who wish to suggest alternatives.  Before
adoption or rejection, this proposal will be considered at a public
hearing by the Court.  The Clerk of the Court will publish a
schedule of future public hearings.

          Publication of this proposal does not mean that the Court
will issue an order on the subject, nor does it imply probable
adoption of the proposal in its present form.

     [The present language would be amended as indicated below.]

      
  
Rule 3.613  Change of Name  [The language contained in this
rule is taken in large part from Rule 5.781.  Changes are noted by
either strikeout or underlining.]

(A)     [No change from MCR 5.781(A).]

(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)  [No change from MCR 5.781(C).]

     (1)  [No change from MCR 5.781(C)(1).]

     (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)  [No change from MCR 5.781(D).]

(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  Health Threats to Others [The language contained
in this rule is taken in large part from Rule 5.782.  Changes are
noted by either strikeout or underlining.]

(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)  [No change from MCR 5.782(B).] 

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

[(C)](D)   [No change from MCR 5.782(C).]

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

     (1)  [No change from MCR 5.782(D)(1).]


     (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  Parental Rights Restoration Act Proceedings 
[The language contained in this rule is taken in large part from
Rule 5.783.  Changes are noted by either strikeout or underlining.]

(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)   [No change from MCR 5.783(B)-5.783(J).]

(K)  Order.    

     (1) [No change from MCR 5.783(K)(1).]

     (2) [No change from MCR 5.783(K)(2).]

         (a)   [No change from MCR 5.783(K)(2)(a).]      

         (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) [No change from MCR 5.783(K)(3)(b)-(f).]



Subchapter 3.800  Adoption  [The language contained in this
subchapter is taken in large part from Subchapter 5.750.  Changes
are noted by either strikeout or underlining.]

Rule 3.800   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  [No change from MCR 5.751.]

          
Rule 3.802   Manner and Method of Service

(A)   Service of Papers.

 (1) [No change from MCR 5.752 (A)(1).]

     (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;

]          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 his or her attorney as follows:[

]          (a)  [a notice of petition to identify a putative
father and determine or terminate his rights; and]  [No change
from MCR 5.105(B)(1)(a).]

          (b)  [a petition to terminate the parental rights of
a noncustodial parent.] [No change from MCR
5.105(B)(1)(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)  [No change from MCR 5.752(B)(2).]

(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   

     [No change from MCR 5.753.]


Rule 3.804 

     [No change from MCR 5.754.]


Rule 3.805 

     [No change from MCR 5.755.]


Rule 3.806 

     [No change from MCR 5.756.]


Rule 5.751 Papers, Execution

     Amended and renumbered MCR 3.801.


Rule 5.752 Manner and Method of Service

     Amended and renumbered MCR 3.802.



Rule 5.753  Financial Reports, Subsequent Orders

     Amended and renumbered MCR 3.803.


Rule 5.754  Consent Hearing.  

     Amended and renumbered MCR 3.804.


Rule 5.755  Temporary Placements
     
     Amended and renumbered MCR 3.805.


Rule 5.756 Rehearings

     Amended and renumbered MCR 3.806.


Rule 5.781 Change of Name

     Amended and renumbered MCR 3.613.


Rule 5.782 Health Threats to Others

     Amended and renumbered MCR 3.614.

      
Rule 5.783 Parental Rights Restoration Act Proceedings

     Amended and renumbered MCR 3.615.




       Staff Comment:  These amendments were proposed by the
Family Division Joint Rules Committee, a standing advisory
committee established by the Michigan Supreme Court to advise the
Court as to needed changes in rules relating to proceedings in the
family division of the circuit court.   

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


          _____________________________________________

                    Publication of this proposal does not mean
          that the Court will issue an order on the
          subject, nor does it imply probable adoption
          in its present form.  Timely comments will be
          substantively considered, and your assistance
          is appreciated by the Court.                 
          _____________________________________________


   A copy of this order will be given to the secretary of
the State Bar and to the State Court Administrator so that they can
make the notifications specified in MCR 1.201.  Comments on this
proposal may be sent to the Supreme Court clerk in writing or
electronically by October 1, 2001.  P.O. Box 30052, Lansing, MI
48909, or MSC_clerk@jud.state.mi.us.  When filing a comment, please
refer to our File No. 99-55.