Rule 3.920.Service of Process

MCR 3.920 answers the first question in any juvenile case: how does a party learn that the court wants them there. The rule works with two devices. A summons commands appearance and must ordinarily be handed to the party in person. A notice of hearing is lighter, and may in some settings be given on the record or by telephone. Subrule (A)(1) makes notice the default and reserves the summons for the situations subrule (B) lists, while subrule (A)(2) points to MCR 2.004 when a party is incarcerated.

When a summons is required

Subrule (B)(2) names three settings. In a delinquency proceeding, the parent, guardian, or legal custodian with physical custody is summoned to appear with the juvenile for trial, and the juvenile is summoned as well; a parent without physical custody is notified under subrule (D) unless the whereabouts remain unknown after a diligent inquiry. In a child protective proceeding, a summons goes to any respondent and any nonrespondent parent, and one may be directed to the person with physical custody of the child. In a personal protection order enforcement proceeding with a minor respondent, the minor is summoned, and so is the parent, guardian, or legal custodian unless a diligent inquiry leaves their whereabouts unknown.

Subrule (B)(3) fixes what the summons says. It identifies the nature of the hearing, explains the right to an attorney and the right to trial by judge or jury, notes where appropriate that there is no jury right at a termination hearing, warns in a child protective case that the hearings could result in termination of parental rights, and carries a copy of the petition. The confidential case inventory required by MCR 3.931(A) and MCR 3.961(A) is not served on any party.

How far ahead

• Personal service under subrule (B)(5)(a): 14 days before a hearing on a petition to terminate parental rights or a permanency planning hearing, 7 days before trial or a child protective dispositional review hearing, and 3 days before any other hearing.
• Registered mail: 7 days earlier than personal service would require for a party who lives in Michigan, and 14 days earlier for a party who lives outside the state.
• Publication: at least once 21 days, 14 days, or 7 days ahead, tracking the same three tiers, in a newspaper in the county where the party resides or, if that is unknown, where the action is pending. The published notice need not include the petition.
• Notice of hearing under subrule (D): 7 days in general, and 14 days in writing for a permanency planning hearing or a hearing on a petition requesting termination of parental rights.

Indian children, waiver, and defects

Subrule (C) applies when the court knows or has reason to know an Indian child is the subject of a protective proceeding or is charged with a status offense in violation of MCL 712A.2(a)(2)-(4) or (d), and an Indian tribe does not have exclusive jurisdiction as defined in MCR 3.002(6). The petitioner notifies the parent or Indian custodian and the tribe by registered mail with return receipt requested, and the Secretary of the Interior stands in when identity or location cannot be determined.

A person may waive notice or service in writing under subrule (F), but a party waiving a summons still gets the subrule (B)(3) advice. Under subrule (H), appearing and participating waives defects in service for that hearing unless the specific objection is placed on the record, and the court must warn an unrepresented party of that consequence. Subrule (I) adds that a failure to file proof of service does not affect the validity of the service.