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C43 2023-02 Children Absent from Court-Ordered Placement Without Legal Permission

IT IS ORDERED: 

This administrative order is issued in accordance with Michigan Supreme Court Administrative Order 2002-4. The purpose of this Administrative Order is to establish a plan for reviewing cases involving children who are absent from Court-ordered placements without permission from the Court upon approval by the State Court Administrative Office. This LAO rescinds Circuit Court LAO C43 2003-1.

IT IS SO ORDERED that the expedited review process for cases involving children absent from Court-Ordered Placement without legal permission is as follows:

  1. The Judge responsible for insuring compliance with this plan is Judge Carol M. Bealor, Probate Court Judge.
  2. The Court and the Michigan Department of Health and Human Services (MDHHS) will conduct an initial inventory regarding AWOLP children within their respective jurisdiction.
  3. The Court will request that MDHHS identify a local MDHHS liaison who will be responsible for coordinating and implementing policy in conjunction with expedited hearings on AWOLP cases.
  4. Upon notification by MDHHS, or upon the Court's own initiative of a child's absence without legal permission (AWOLP) status, an immediate hearing will be held or other action taken by the Court. The Court will utilize all statutory and Court Rule authority to locate and expeditiously return a child to a proper custodial placement. In its discretion, the Court may use informal measures to locate, communicate with and ensure proper placement of an AWOLP child.
  5. During the initial review of cases involving AWOLP children, the Court may review information including but not limited to DHHS reports, reports from law enforcement, other information received or maintained by the court.
  6. Review of a child listed as AWOLP will be held within 48 hours of notification and/or identification. The review will address the following:
    1. Coordination efforts of MDHHS and the Court to locate the absent child;
    2. Process for reviewing such cases;
    3. Frequency of additional reviews; and,
    4. Any specific problems the Court has identified.
  7. All children 15 years and younger who are AWOLP shall have priority in hearings and reviews, with particular emphasis being placed on cases of younger children who have been abducted.
  8. At this time, no special problems have been identified that need to be addressed prior to this LAO being adopted.
  9. Any special problems encountered after implementation of this local administrative order shall be brought to the attention of the Circuit/Probate/Family Court Administrator for review to determine if a meeting is needed to address the issues and if so who is needed at the meeting. Upon review of the issues, a new LAO may be issued if needed. 

Find the fully executed version here.

  1. Cass County Michigan Courts Homepage

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