SHOULD CHILDREN PARTICIPATE IN ABUSE AND NEGLECT COURT HEARINGS?

A Michigan legislative proposal is pending, which clarifies that children under the Court's jurisdiction for Abuse/Neglect have the right to participate in their court proceedings. The current law and Michigan Court Rules indicate that the Court may excuse, but not restrict, children from attending hearings, and this allow the court to excuse a child from a trial or a dispositional hearing.   The court is also required to obtain a child's views regarding the permanency plan in a age-appropriate manner and futher the children age 11 and older receive notice of dispositional review, permanency panning, and juvenile guardianship hearings.

Historically, many Courts have relied upon the children's guardian ad litem to provide the Court with ongoing updated information regarding the children's preferences, and the guardian ad litem's review of the children's best interests.  Many courts continue to balk at claimed research showing that children's participation at court hearings is benicial to the proceedings. Particularly as it relates to younger children, many courts continue to rely on an attorney guardian ad litem to convey a child's wishes.   However, it appears that the law will soon be changing to become more consistent with federal law requiring the involvement of children personally at their court hearings.

The Probate Court has jurisdiction in the areas of filing and safekeeping of wills, probating of decedent estates, trust administration, appointment and supervision of guardians and conservators for minors, adults, and developmentally disabled persons, processing mental health matters and delayed registration of foreign birth.  Probate Judges are elected on a nonpartisan ballot for six year terms.

Probate Court Article(s): 

Does A Guardian Have the Authority to Withhold Life-Sustaining Medical Treatment?

Probate and Family Court Volunteers Continue to Make a Valuable Difference

Volunteers Are Key to Probate Court 

Serving under the Michigan Judicial Branch of government, the Family Court has
exclusive jurisdiction over all family matters including juvenile cases.  
Circuit Judges for Family Division include Judges elected as Probate Judges, appointed
to the Family Court position, and serve six year terms.  Family Court referees are crosstrained
to hear both domestic and juvenile matters.

Family Division Articles
 
 
Juvenile Mental Health Court
Should Children Participate in Abuse and Neglect Court Hearings?
“Incorrigible” Teenagers: Do The Parents Have Any Legal Rights?
Michigan’s Sex Offender Registration Act Amended For Juvenile Offenders
Family Court Dedicated to Saving Kids
Finding the “Gold” is Aim of Probation Officers
Probate and Family Court Volunteers Continue to Make a Valuable Difference
Volunteers Are Key to Probate Court & Family Court