Rule 3.972.Trial

Subchapter 3.900 — Proceedings Involving Juveniles · Last verified September 5, 2026

In one sentenceMCR 3.972 sets the deadlines for trial in a child protective proceeding, applies the civil rules of evidence and a preponderance standard, creates a hearsay route for a young child's statement about abuse or neglect, and requires appellate advice once statutory grounds are proven.

Full Text of Rule 3.972

Text sizeJump to: (A) (B) (C) (D) (E) (F) (G)

(A) Time. If the child is not in placement, the trial must be held within 6 months after the filing of the petition unless adjourned for good cause under MCR 3.923(G). If the child is in placement, the trial must commence as soon as possible, but not later than 63 days after the child is removed from the home unless the trial is postponed:

(1) on stipulation of the parties for good cause;

(2) because process cannot be completed; or

(3) because the court finds that the testimony of a presently unavailable witness is needed.

When trial is postponed pursuant to subrule (2) or (3), the court shall release the child to the parent, guardian, or legal custodian unless the court finds that releasing the child to the custody of the parent, guardian, or legal custodian will likely result in physical harm or serious emotional damage to the child.

If the child has been removed from the home, a review hearing must be held within 182 days of the date of the child's removal from the home, even if the trial has not been completed before the expiration of that 182-day period.

(B) Preliminary Proceedings.

(1) The court shall determine that the proper parties are present. The respondent has the right to be present, but the court may proceed in the absence of the respondent provided notice has been served on the respondent. The child may be excused as the court determines the child's interests require.

(2) The court shall read the allegations in the petition, unless waived.

(1) Evidence; Standard of Proof. Except as otherwise provided in these rules, the rules of evidence for a civil proceeding and the standard of proof by a preponderance of evidence apply at the trial, notwithstanding that the petition contains a request to terminate parental rights.

(2) Child's Statement. Any statement made by a child under 10 years of age or an incapacitated individual under 18 years of age with a developmental disability, as defined in MCL 330.1100a(27), regarding an act of child abuse, child neglect, confirmed sexual abuse, or confirmed sexual exploitation, as defined in MCL 722.622(g), (k), (q), or (r), performed with or on the child by another person may be admitted into evidence through the testimony of a person who heard the child make the statement as provided in this subrule.

(a) A statement describing such conduct may be admitted regardless of whether the child is available to testify or not, and is substantive evidence of the act or omission if the court has found, in a hearing held before trial, that the circumstances surrounding the giving of the statement provide adequate indicia of trustworthiness. This statement may be received by the court in lieu of or in addition to the child's testimony.

(b) If the child has testified, a statement denying such conduct may be used for impeachment purposes as permitted by the rules of evidence.

(c) If the child has not testified, a statement denying such conduct may be admitted to impeach a statement admitted under subrule (2)(a) if the court has found, in a hearing held before trial, that the circumstances surrounding the giving of the statement denying the conduct provide adequate indicia of trustworthiness.

(D) Recommendation by Lawyer-Guardian ad Litem. At the conclusion of the proofs, the lawyer- guardian ad litem for the child may make a recommendation to the finder of fact regarding whether one or more of the statutory grounds alleged in the petition have been proven.

(E) Verdict. In a child protective proceeding, the verdict must be whether one or more of the statutory grounds alleged in the petition have been proven.

(F) Respondent's Rights Following Trial. If the trial results in a verdict that one or more statutory grounds for jurisdiction has been proven, the court shall advise the respondent orally or in writing that:

(1) appellate review is available to challenge any errors in the adjudicatory process, which may be challenged in an appeal from the court's initial order of disposition,

(2) an indigent respondent is entitled to appointment of an attorney to represent the respondent on any appeal as of right and to preparation of transcripts, and

(3) the respondent may be barred from challenging the assumption of jurisdiction if they do not timely file an appeal under MCR 7.204 or a delayed appeal under MCR 3.993(C).

(G) Right to Appellate Review. The respondent may challenge the assumption of jurisdiction in an appeal from the order terminating respondent's parental rights if the court fails to properly advise the respondent of their right to appeal pursuant to subrule (F)(1)-(

End

Plain-English Summary

MCR 3.972 is the adjudicative trial in a child protective case. It decides one question, framed in subrule (E): whether one or more of the statutory grounds alleged in the petition have been proven. Everything else in the rule serves that question, starting with how quickly it has to be answered.

Timing

Subrule (A) runs two clocks. If the child is not in placement, trial must be held within 6 months after the petition is filed unless adjourned for good cause under MCR 3.923(G). If the child is in placement, trial must commence as soon as possible and no later than 63 days after the child is removed from the home.

Three things postpone the 63-day trial: a stipulation of the parties for good cause, an inability to complete process, and a court finding that the testimony of a presently unavailable witness is needed. The last two carry a price. When trial is postponed on either ground, the court must release the child to the parent, guardian, or legal custodian unless it finds that release will likely result in physical harm or serious emotional damage to the child.

A separate deadline runs alongside. If the child has been removed, a review hearing must be held within 182 days of the date of removal, even if trial has not been completed by then.

Evidence and the standard of proof

Except as these rules otherwise provide, subrule (C)(1) applies the rules of evidence for a civil proceeding and the preponderance of the evidence standard. The rule makes clear that this holds even where the petition asks the court to terminate parental rights, so a request for termination in the petition does not lift the adjudicative standard.

A young child's statement

Subrule (C)(2) opens a route for statements the child made outside court. It reaches a statement by a child under 10 years of age, or by an incapacitated individual under 18 with a developmental disability, about an act of child abuse, child neglect, confirmed sexual abuse, or confirmed sexual exploitation performed with or on the child by another person. The statement comes in through the testimony of a person who heard the child make it.

Under subrule (C)(2)(a), a statement describing such conduct may be admitted whether or not the child is available to testify, and it is substantive evidence, but only if the court has found in a hearing held before trial that the circumstances surrounding the statement provide adequate indicia of trustworthiness. It may be received in place of or in addition to the child's testimony.
Under subrule (C)(2)(b), if the child testified, a statement denying the conduct may be used for impeachment as the rules of evidence permit.
Under subrule (C)(2)(c), if the child did not testify, a denial may be admitted to impeach a statement already admitted under subrule (C)(2)(a), again only after a pretrial finding of adequate indicia of trustworthiness.

Closing the proofs

Subrule (D) lets the child's lawyer-guardian ad litem make a recommendation to the finder of fact at the conclusion of the proofs on whether the statutory grounds alleged in the petition have been proven. Subrule (B) covers the housekeeping at the front: confirming the proper parties are present, proceeding without the respondent if notice was served, excusing the child when the child's interests require it, and reading the allegations unless waived.

Advice after a verdict

If the trial produces a verdict that one or more statutory grounds for jurisdiction have been proven, subrule (F) requires the court to advise the respondent, orally or in writing, of three things: that appellate review is available to challenge errors in the adjudicatory process and may be raised in an appeal from the initial order of disposition; that an indigent respondent is entitled to appointed appellate counsel and transcripts; and that the respondent may be barred from challenging the assumption of jurisdiction without a timely appeal under MCR 7.204 or a delayed appeal under MCR 3.993(C).

Subrule (G) supplies the consequence of omitting that advice. A respondent who was not properly advised under subrule (F) may challenge the assumption of jurisdiction in an appeal from the order terminating parental rights.

Frequently Asked Questions

How soon must a child protective trial be held in Michigan?

Subrule (A) sets two deadlines. If the child is not in placement, trial must be held within 6 months after the petition is filed unless adjourned for good cause under MCR 3.923(G). If the child is in placement, trial must commence as soon as possible and no later than 63 days after the child is removed from the home.

What happens if a child protective trial is postponed past 63 days?

It depends on the reason. Subrule (A) allows postponement on stipulation of the parties for good cause, because process cannot be completed, or because the court finds the testimony of a presently unavailable witness is needed. Where the postponement rests on the second or third ground, the court must release the child to the parent, guardian, or legal custodian unless it finds that release will likely result in physical harm or serious emotional damage to the child.

What is the standard of proof at a child protective trial?

A preponderance of the evidence, under subrule (C)(1), with the rules of evidence for a civil proceeding applying. The subrule states this holds notwithstanding that the petition contains a request to terminate parental rights.

Can a child's out of court statement about abuse be admitted at trial?

Subrule (C)(2) allows it for a child under 10 years of age or an incapacitated individual under 18 with a developmental disability, through the testimony of a person who heard the statement. A statement describing child abuse, child neglect, confirmed sexual abuse, or confirmed sexual exploitation may be admitted whether or not the child testifies and is substantive evidence, but only if the court found in a hearing held before trial that the circumstances give the statement adequate indicia of trustworthiness.

What must the verdict decide in a child protective proceeding?

Subrule (E) states that the verdict must be whether one or more of the statutory grounds alleged in the petition have been proven. At the conclusion of the proofs, subrule (D) allows the child's lawyer-guardian ad litem to make a recommendation to the finder of fact on that question.

What is the court required to tell a respondent after an adjudication?

Under subrule (F), if the verdict is that one or more statutory grounds have been proven, the court must advise the respondent orally or in writing that appellate review is available to challenge errors in the adjudicatory process in an appeal from the initial order of disposition, that an indigent respondent is entitled to appointed appellate counsel and transcripts, and that the respondent may be barred from challenging the assumption of jurisdiction without a timely appeal under MCR 7.204 or a delayed appeal under MCR 3.993(C). Subrule (G) permits a respondent who was not properly advised to raise that challenge in an appeal from a termination order.

Source & verification. Rule text reproduced verbatim from the Michigan Court Rules, Chapter 3 (Special Proceedings and Actions), as published by the Michigan State Court Administrative Office, current through September 1, 2026. Promulgated by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). Last verified September 5, 2026. · Official text

Also known as: adjudication trialchild protective trialtender years exceptionchild's statement hearsaypreponderance of the evidencestatutory grounds63 days