Rule 3.923.Miscellaneous Procedures

MCR 3.923 gathers powers that do not fit anywhere else. Most of them belong to the court rather than the parties, and the theme running through them is a record built out well enough to decide a case about a child.

Filling gaps in the proof

Subrule (A) applies whenever the court believes the evidence has not been fully developed. The court may examine a witness, call a witness, or adjourn the matter and either cause service of process on additional witnesses or order the production of other evidence. Nothing conditions this on a party's request.

Subrule (B) lets the court order an examination or evaluation by a physician, dentist, psychologist, or psychiatrist. The subject can be the minor or a parent, guardian, or legal custodian, so the order is not limited to the child.

Identification procedures

Subrule (C) has two parts. A juvenile must have biometric data collected when required by law. Beyond that, the court may permit collection of biometric data or photographing, or both, of a minor concerning whom a petition has been filed. What is collected goes into the confidential files and must be capable of being located and destroyed on court order.

Subrule (D) covers identification procedures. When a complaint or petition alleges that a juvenile violated a criminal law or ordinance, the court may order the juvenile to appear at a designated time and place for identification by another person, including a corporeal lineup under MCL 712A.32, at the prosecuting attorney's request. The order carries an advice requirement. The court must tell the juvenile and the parent, guardian, or legal custodian that the juvenile may consult an attorney and have an attorney present during the procedure, and that if they cannot afford one the court will appoint an attorney if the juvenile or the parent, guardian, or legal custodian requests it on the record or in writing.

Protecting the witness

Subrule (E) allows videoconferencing technology, speaker telephone, or similar electronic equipment to facilitate hearings or to protect the parties. It also allows videotaped statements and depositions, anatomical dolls, or support persons, along with other measures to protect a child witness authorized by MCL 712A.17b. Subrule (F) adds a further option: the court may appoint an impartial person to put questions to a child witness at a hearing as the court directs.

Adjournments

Subrule (G) sets a standard specific to child protective proceedings. An adjournment of a trial or hearing should be granted only for good cause, after taking the best interests of the child into consideration, and for as short a period of time as necessary. The three conditions travel together: good cause alone does not carry an adjournment, and the delay allowed is the shortest one the reason requires.