A petition or motion to close a minor guardianship has been filed. Upon the filing and hearing of a petition that requests the termination of a guardianship for a minor, the court will adjudicate and give its order. The Order Following Hearing to Terminate Minor Guardianship is a state court administrative office form. If you need a copy of the form, follow this link.
The Order Following Hearing to Terminate Minor Guardianship, much like many of the probate court forms, is pursuant to statutes and court rules. For the case of the Order Following Hearing to Terminate Minor Guardianship, this form is associated with MCL 700.5209, which states:
(1) After notice and hearing on a petition under section 5208 to terminate a limited guardianship, the court shall terminate the limited guardianship if it determines that the minor’s parent or parents have substantially complied with the limited guardianship placement plan. The court may enter orders to facilitate the minor’s reintegration into the home of the parent or parents for a period of up to 6 months before the termination.
(2) For a petition to terminate a guardianship in which subsection (1) does not apply, after notice and hearing, the court may do any of the following:
(a) Terminate the guardianship if the court determines that it is in the best interests of the minor, and do any of the following:
(i) Enter orders to facilitate the minor’s reintegration into the parent’s home for a period of up to 6 months before the termination.
(ii) Order the family independence agency to supervise the transition period when the minor is being reintegrated into his or her parent’s home.
(iii) Order the family independence agency to provide services to facilitate the minor’s reintegration into his or her parent’s home.
(b) Continue the guardianship for not more than 1 year after the hearing date if the court determines that it is in the best interests of the minor, and do any of the following:
(i) If the guardianship is a limited guardianship, order the parent or parents to comply with 1 of the following:
(A) The limited guardianship placement plan.
(B) A court-modified limited guardianship placement plan.
(C) If the limited guardianship was established before December 20, 1990, a court-structured plan that enables the minor to return to the home of his or her parent or parents.
(ii) If the guardianship is ordered under section 5204, order the parent or parents to follow a court-structured plan that enables the minor to return to the home of his or her parent or parents.
(iii) If a guardianship is continued under subparagraph (i) or (ii), schedule and conduct a hearing to review the guardianship before the expiration of the period of time that the guardianship is continued and either terminate the guardianship or limited guardianship or proceed under subdivision (c) or (d).
(c) If the minor resides with the guardian or limited guardian for not less than 1 year and if the court finds that the minor’s parent or parents have failed to provide the minor with parental care, love, guidance, and attention appropriate to the child’s age and individual needs resulting in a substantial disruption of the parent-child relationship, continue the guardianship if it is established by clear and convincing evidence that the continuation would serve the best interests of the minor.
(d) Appoint an attorney to represent the minor or refer the matter to the family independence agency. The attorney or the family independence agency may file a complaint on behalf of the minor requesting the family division of the circuit court to take jurisdiction of the minor under section 2(b) of chapter XIIA of 1939 PA 288, MCL 712A.2.
In addition to this statute, the Order Following Hearing to Terminate Minor Guardianship is associated with MCL 700.5217, MCL 700.5219 and MCR 5.404(E). To learn more about this form, Darren Findling of The Probate Pro has put together a video going over the form and how to fill it out.
If you need to speak with someone in greater detail about this form, or other probate court forms, don’t hesitate to call us. The Probate Pro has 24/7 support and we are ready to help you. Call us at (833) PROBATE or visit us at theprobatepro.com.