Rule 3.962.Preliminary Inquiry
Subchapter 3.900 — Proceedings Involving Juveniles · Last verified September 5, 2026
Full Text of Rule 3.962
Plain-English Summary
MCR 3.962 is the quiet screening step in a child protective case. It applies to petitions that arrive without a placement request attached, and it gives the court three ways to answer them.
When it is available
Subrule (A) sets two conditions: the petition is not accompanied by a request for placement of the child, and the child is not in temporary custody. When both hold, the court may conduct a preliminary inquiry to determine the appropriate action to take on the petition. The rule says may, not must, so the inquiry is a tool the court can reach for rather than a stage every such petition has to pass through.
An informal proceeding
Subrule (B) provides that a preliminary inquiry need not be conducted on the record or in the presence of the parties. The words are need not, so the court may act on what has been filed without convening anyone, and nothing in the rule stops a court that wants a record or an appearance from having one.
Three outcomes
- Deny authorization of the petition, under subrule (B)(1).
- Refer the matter to alternative services, under subrule (B)(2).
- Authorize the filing of the petition, under subrule (B)(3).
What authorization takes
Authorization is conditioned. Subrule (B)(3) requires two things: the petition must contain the information required by MCR 3.961(B), which is the contents list for child protective petitions, and there must be probable cause to believe that one or more of the allegations is true.
The rule then loosens the proof. For the purpose of that subrule, probable cause may be established with such information and in such a manner as the court deems sufficient. The source and the form of the showing are left to the court, which fits a step that need not occur on the record or with anyone present.
The consequence of a grant is an authorized petition, and the case moves forward on it. The rule says nothing about what a denial or a referral to alternative services leaves behind, so the answer at a preliminary inquiry settles only whether this petition is authorized.
Frequently Asked Questions
When may a court hold a preliminary inquiry in a child protective case?
Subrule (A) makes it available when the petition is not accompanied by a request for placement of the child and the child is not in temporary custody.
Does a preliminary inquiry have to be on the record?
No. Subrule (B) provides that a preliminary inquiry need not be conducted on the record or in the presence of the parties.
What can the court do at a preliminary inquiry?
Subrule (B) gives three options: deny authorization of the petition, refer the matter to alternative services, or authorize the filing of the petition.
What does it take to authorize a child protective petition at a preliminary inquiry?
Two things, under subrule (B)(3). The petition must contain the information required by MCR 3.961(B), and there must be probable cause to believe that one or more of the allegations is true.
How is probable cause shown at a preliminary inquiry?
Subrule (B)(3) leaves it open. For the purpose of that subrule, probable cause may be established with such information and in such a manner as the court deems sufficient.