Rule 3.615.Parental Rights Restoration Act Proceedings

MCR 3.615 builds a proceeding around two demands that pull against ordinary practice: secrecy and speed. Subrule (A) applies the rules for civil proceedings to a minor's petition for waiver of parental consent for an abortion, except as this rule modifies them. Nearly every modification serves one of those demands.

Confidentiality

Subrule (B) requires the court to assure the confidentiality of the file, of the assistance court personnel give the minor, and of the proceedings. On request the title of the proceeding uses initials or another means of confidentiality, and at the time the petition is filed the minor files a Confidential Information Sheet listing her name, date of birth, permanent residence, the title to be used, and how she may be reached while the case is pending. That sheet and other identifying documents are sealed in an envelope marked confidential and placed in a private file, and confidential information is not entered into a computer file. Inspection is limited to the judge, authorized court personnel, the minor, her attorney, next friend, guardian ad litem, and anyone else she authorizes. After the case ends the file opens only by court order for good cause.

Forms, counsel, and a next friend

Subrule (C) treats first contact as a service moment: a minor who comes in person receives a notice of rights, a petition form, a confidential information sheet, and a request for appointment of an attorney; a minor who telephones may have them mailed within 24 hours. Subrule (D) requires the court to help prepare and file them on request. Under subrule (E) a next friend must be an adult who is not disqualified by statute, needs no prior appointment, and is not responsible for the costs. Subrule (F) requires immediate appointment of an attorney on request and, absent good cause stated on the record, appointment of the attorney the minor selected if she has secured that attorney's agreement to represent her or the attorney has already told the court of a willingness to be appointed; the minor contacts appointed counsel within 24 hours, and counsel appointed before filing consults within 48 hours. Subrule (G) makes a guardian ad litem available on the same immediate basis.

The hearing

The petition is filed in person by the minor, her attorney, or the next friend, and the court sets a hearing at filing. Notice goes only to the minor, her attorney, next friend, and guardian ad litem, and the hearing may begin immediately if the minor and her attorney are ready. Venue lies where the minor resides or is found at filing and is not transferred without her consent. Subrule (J) closes the hearing and limits attendance to a listed group that includes one support person who would not be disqualified as a next friend by MCL 722.902(d). The petitioner carries the burden by a preponderance of the evidence and must establish the statutory criteria, all relevant and material evidence may be received, and the hearing may be informal, in chambers. It must commence and conclude within 72 hours of filing, excluding Sundays and holidays, unless the minor consents to an adjournment, and the order issues within 48 hours of the conclusion on the same count.

Order and appeal

A granted petition brings the minor two certified copies immediately, valid for 90 days from entry. A denial is endorsed with the time and date and served with a unified appellate document and notice that an appeal requires a notice of appeal within 24 hours. On a timely notice the court appoints counsel and orders the transcript prepared immediately, with two copies filed within 72 hours. The appeal is perfected in the Court of Appeals within 72 hours of the notice of appeal, excluding Sundays and holidays, with five copies of a brief that need not cite the transcript. There is no oral argument unless that court orders it.