Rule 3.977.Termination of Parental Rights

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

In one sentenceMCR 3.977 governs proceedings to terminate parental rights, covering who may seek termination, the three routes to a termination order, the evidence each requires, and the advice and appeal rights that follow.

Full Text of Rule 3.977

Text sizeJump to: (A) (B) (C) (D) (E) (F) (G) (H) (I) (J) (K)

(A) General.

(1) This rule applies to all proceedings in which termination of parental rights is sought. Proceedings for termination of parental rights involving an Indian child, are governed by 25 USC 1912 in addition to this rule.

(2) Parental rights of the respondent over the child may not be terminated unless termination was requested in an original, amended, or supplemental petition by:

(a) the agency,

(b) the child,

(d) a concerned person as defined in MCL 712A.19b(6),

(e) the state children's advocate, or

(f) the prosecuting attorney, without regard to whether the prosecuting attorney is representing or acting as a legal consultant to the agency or any other party.

(3) The burden of proof is on the party seeking by court order to terminate the rights of the respondent over the child. There is no right to a jury determination.

(B) Definition. When used in this rule, unless the context otherwise indicates, "respondent" includes

(1) the natural or adoptive mother of the child;

(2) the father of the child as defined by MCR 3.903(A)(7).

"Respondent" does not include other persons to whom legal custody has been given by court order, persons who are acting in the place of the mother or father, or other persons responsible for the control, care, and welfare of the child.

(1) Notice must be given as provided in MCR 3.920 and MCR 3.921(B)(3).

(2) Hearings on petitions seeking termination of parental rights shall be given the highest possible priority consistent with the orderly conduct of the court's caseload.

(D) Suspension of Parenting Time. If a petition to terminate parental rights to a child is filed, the court may suspend parenting time for a parent who is a subject of the petition.

(E) Termination of Parental Rights at the Initial Disposition. The court shall order termination of the parental rights of a respondent at the initial dispositional hearing held pursuant to MCR 3.973, and shall order that additional efforts for reunification of the child with the respondent shall not be made, if

(1) the original, or amended, petition contains a request for termination;

(2) at the trial or plea proceedings, the trier of fact finds by a preponderance of the evidence that one or more of the grounds for assumption of jurisdiction over the child under MCL 712A.2(b) have been established;

(3) at the initial disposition hearing, the court finds on the basis of clear and convincing legally admissible evidence that had been introduced at the trial or plea proceedings, or that is introduced at the dispositional hearing, that one or more facts alleged in the petition:

(a) are true, and

(b) establish grounds for termination of parental rights under MCL 712A.19b(3)(a), (b), (d), (e), (f), (g), (h), (i), (j), (k), (l), or (m);

(4) termination of parental rights is in the child's best interests.

(F) Termination of Parental Rights on the Basis of Different Circumstances. The court may take action on a supplemental petition that seeks to terminate the parental rights of a respondent over a child already within the jurisdiction of the court on the basis of one or more circumstances new or different from the offense that led the court to take jurisdiction.

(1) The court must order termination of the parental rights of a respondent, and must order that additional efforts for reunification of the child with the respondent must not be made, if

(a) the supplemental petition for termination of parental rights contains a request for termination;

(b) at the hearing on the supplemental petition, the court finds on the basis of clear and convincing legally admissible evidence that one or more of the facts alleged in the supplemental petition:

(i) are true; and

(ii) come within MCL 712A.19b(3)(a), (b), (c)(ii), (d), (e), (f), (g), (i), (j), (k), (l), or (m); and

(2) Discovery and Time for Disclosures and Hearing on Petition. Parties shall make disclosures as detailed in MCR 3.922(A) at least 21 days prior to the termination hearing and have rights to discovery consistent with that rule. The hearing on a supplemental petition for termination of parental rights under this subrule shall be held within 42 days after the filing of the supplemental petition. The court may, for good cause shown, extend the period for an additional 21 days.

(G) Termination of Parental Rights; Indian Child

In addition to the required findings in this rule, the parental rights of a parent of an Indian child must not be terminated unless:

(1) the court is satisfied that active efforts as defined in MCR 3.002 have been made to provide remedial service and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proved unsuccessful, and

(2) the court finds evidence beyond a reasonable doubt, including testimony of at least one qualified expert witness as described in MCL 712B.17, that parental rights should be terminated because continued custody of the child by the parent or Indian custodian will likely result in serious emotional or physical damage to the child.

(H) Termination of Parental Rights; Other. If the parental rights of a respondent over the child were not terminated pursuant to subrule (E) at the initial dispositional hearing or pursuant to subrule (F) at a hearing on a supplemental petition on the basis of different circumstances, and the child is within the jurisdiction of the court, the court must, if the child is in foster care, or may, if the child is not in foster care, following a dispositional review hearing under MCR 3.975, a progress review under MCR 3.974, or a permanency planning hearing under MCR 3.976, take action on a supplemental petition that seeks to terminate the parental rights of a respondent over the child on the basis of one or more grounds listed in MCL 712A.19b(3).

(1) Time.

(a) Filing Petition. The supplemental petition for termination of parental rights may be filed at any time after the initial dispositional review hearing, progress review, or permanency planning hearing, whichever occurs first.

(b) Hearing on Petition. The hearing on a supplemental petition for termination of parental rights under this subrule must be held within 42 days after the filing of the supplemental petition. The court may, for good cause shown, extend the period for an additional 21 days.

(2) Discovery, Prehearing Disclosures, and Evidence. Parties shall make disclosures as detailed in MCR 3.922(A) at least 21 days prior to the termination hearing and have rights to discovery consistent with that rule. The Michigan Rules of Evidence do not apply at the hearing, other than those with respect to privileges, except to the extent such privileges are abrogated by MCL 722.631. At the hearing all relevant and material evidence, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value. The parties must be afforded an opportunity to examine and controvert written reports received by the court and shall be allowed to cross-examine individuals who made the reports when those individuals are reasonably available.

(3) Order. The court must order termination of the parental rights of a respondent and must order that additional efforts for reunification of the child with the respondent must not be made, if the court finds

(a) on the basis of clear and convincing evidence admitted pursuant to subrule (H)(2) that one or more facts alleged in the petition:

(i) are true; and

(ii) come within MCL 712A.19b(3).

(b) that termination of parental rights is in the child's best interests.

(I) Findings.

(1) General. The court shall state on the record or in writing its findings of fact and conclusions of law. Brief, definite, and pertinent findings and conclusions on contested matters are sufficient. If the court does not issue a decision on the record following hearing, it shall file its decision within 28 days after the taking of final proofs, but no later than 70 days after the commencement of the hearing to terminate parental rights.

(2) Denial of Termination. If the court finds that the parental rights of respondent should not be terminated, the court must make findings of fact and conclusions of law.

(3) Order of Termination. An order terminating parental rights under the Juvenile Code may not be entered unless the court makes findings of fact, states its conclusions of law, and includes the statutory basis for the order.

(J) Respondent's Rights Following Termination.

(4) Advice. Immediately after entry of an order terminating parental rights, the court shall advise the respondent parent orally or in writing that:

(a) The respondent is entitled to appellate review of the order.

(b) If the respondent is financially unable to provide an attorney to perfect an appeal, the court will appoint an attorney and furnish the attorney with the complete transcript and record of all proceedings.

(c) A request for the assistance of an attorney must be made within 21 days after notice of the order is given or an order is entered denying a timely filed postjudgment motion. The court must then give a form to the respondent with the instructions (to be repeated on the form) that if the respondent desires the appointment of an attorney, the form must be returned to the court within the required period (to be stated on the form).

(d) The respondent has the right to file a denial of release of identifying information, a revocation of a denial of release, and to keep current the respondent's name and address as provided in MCL 710.27.

(e) The respondent's obligation to support the child will continue until a court of competent jurisdiction modifies or terminates the obligation, an order of adoption is entered, or the child is emancipated by operation of law. Failure to provide required notice under this subsection does not affect the obligation imposed by law or otherwise establish a remedy or cause of action on behalf of the parent.

(5) Appointment of Appellate Counsel. Request and appointment of appellate counsel is governed by MCR 3.993.

(K) Review Standard. The clearly erroneous standard shall be used in reviewing the court's findings on appeal from an order terminating parental rights. On application in accordance with Chapter 7 of these rules, the Supreme Court may consider a claim of ineffective assistance of appellate counsel, and the Court will review such a claim using the standards that apply to criminal law.

End

Plain-English Summary

MCR 3.977 applies to every proceeding in which termination of parental rights is sought. It names who may ask, defines who counts as a respondent, sets the evidentiary standard for each route to termination, and tells the court what to say once the order is entered. Subrule (A)(3) places the burden of proof on the party seeking the order and states that there is no right to a jury determination.

Who may seek it, and against whom

Under subrule (A)(2) termination must be requested in an original, amended, or supplemental petition filed by the agency, the child, the child's guardian, legal custodian, or representative, a concerned person as defined in MCL 712A.19b(6), the state children's advocate, or the prosecuting attorney. Subrule (B) limits "respondent" to the natural or adoptive mother and the father as defined by MCR 3.903(A)(7). It does not reach people given legal custody by court order, people acting in a parent's place, or others responsible for the child's control, care, and welfare. Subrule (C)(2) directs that termination hearings receive the highest possible priority consistent with the orderly conduct of the court's caseload, and subrule (D) lets the court suspend parenting time for a parent who is the subject of a termination petition.

Three routes to termination

Subrule (E) is termination at the initial disposition. The court must terminate, and must order that no further reunification efforts be made, where the original or amended petition requested termination, the trier of fact found a ground for jurisdiction under MCL 712A.2(b) by a preponderance, the court finds on clear and convincing legally admissible evidence that alleged facts are true and establish a listed statutory ground, and termination is in the child's best interests.
Subrule (F) is termination on different circumstances. A supplemental petition may target a child already within the court's jurisdiction on grounds new or different from the offense that brought the child in, again on clear and convincing legally admissible evidence and a best interests finding. Disclosures under MCR 3.922(A) come at least 21 days before the hearing, and the hearing is held within 42 days after the supplemental petition is filed, extendable by 21 days for good cause.
Subrule (H) is the residual route. Where subrules (E) and (F) did not end the case and the child is within the court's jurisdiction, the court must, if the child is in foster care, and may, if not, act on a supplemental petition after a dispositional review hearing under MCR 3.975, a progress review under MCR 3.974, or a permanency planning hearing under MCR 3.976. The same 42 day hearing deadline and 21 day good cause extension apply, but the rules of evidence give way except for privileges, and termination rests on clear and convincing evidence admitted under subrule (H)(2).

Indian children, findings, and appeals

Subrule (A)(1) adds 25 USC 1912 to proceedings involving an Indian child, and subrule (G) raises the bar: active efforts as defined in MCR 3.002 must have been made and proved unsuccessful, and the court must find beyond a reasonable doubt, including testimony of at least one qualified expert witness described in MCL 712B.17, that continued custody will likely result in serious emotional or physical damage to the child.

Subrule (I) requires findings of fact and conclusions of law on the record or in writing. If the court does not issue a decision on the record after the hearing, it must file its decision within 28 days after the taking of final proofs and no later than 70 days after the hearing began. A termination order must include the statutory basis. Under subrule (J)(4) the court must immediately advise the respondent of appellate review, of appointed counsel and a complete transcript if the respondent cannot afford an attorney, of the 21 day window to request that appointment, of the right to file a denial of release of identifying information under MCL 710.27, and of the continuing support obligation. Subrule (K) sets the clearly erroneous standard for reviewing the court's findings on appeal.

Frequently Asked Questions

Who can file a petition to terminate parental rights in Michigan?

Subrule (A)(2) lists six: the agency, the child, the child's guardian, legal custodian, or representative, a concerned person as defined in MCL 712A.19b(6), the state children's advocate, and the prosecuting attorney, whether or not the prosecutor is representing or acting as a legal consultant to the agency or another party.

Is there a right to a jury in a termination case?

No. Subrule (A)(3) states plainly that there is no right to a jury determination, and it puts the burden of proof on the party seeking the order terminating the respondent's rights over the child.

How soon must a hearing on a supplemental termination petition be held?

Within 42 days after the supplemental petition is filed, under subrule (F)(2) for a different circumstances petition and subrule (H)(1)(b) for the residual route. The court may extend the period for an additional 21 days for good cause shown. Disclosures under MCR 3.922(A) are due at least 21 days before the hearing.

What is the evidence standard for terminating parental rights at the initial disposition?

Subrule (E) requires clear and convincing legally admissible evidence, introduced either at the trial or plea proceedings or at the dispositional hearing, that one or more facts alleged in the petition are true and establish a ground under the listed subsections of MCL 712A.19b(3). Jurisdiction itself is found by a preponderance under MCL 712A.2(b), and termination must also be in the child's best interests.

What extra findings are required to terminate rights to an Indian child?

Subrule (G) adds two. The court must be satisfied that active efforts as defined in MCR 3.002 were made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and proved unsuccessful, and must find beyond a reasonable doubt, including testimony of at least one qualified expert witness described in MCL 712B.17, that continued custody will likely result in serious emotional or physical damage to the child.

How long does the court have to issue its decision on termination?

Subrule (I)(1) allows a decision on the record after the hearing. If none is given, the court must file its decision within 28 days after the taking of final proofs, and no later than 70 days after the commencement of the hearing to terminate parental rights.

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: termination of parental rightstprsupplemental petitionclear and convincing evidencestatutory groundsbest intereststermination at initial disposition