Monroe County

MONROE COUNTY PROBATE AND JUVENILE DIVISION

PROCEDURES AND RESPONSE TO COVID-19

EFFECTIVE: END OF BUSINESS, MARCH 17, 2020, updated MARCH 20, 2020

Entry into the courthouse

Entry into the courthouse has been temporarily restricted. As it relates to probate and juvenile business, appearance in person will occur only if directed by Judge Lohmeyer or Judge Arnold.  Directions will be provided on how to appear via telephone or other technology.  Any individuals approved to appear in person will be on a list that will be provided to the courthouse entry desk on a daily basis. Those not on the list may contact the appropriate division for further instruction as follows.

Probate: (734) 240-7346  / juvenile_clerks@monroemi.org

Juvenile:  (734) 240-7160  / juvenile_clerks@monroemi.org

Court filings

• The court will work with the county clerk to ensure that because in-person filing of court proceedings is limited due to the state of emergency, court pleadings will continue but only mail, email, courthouse drop box, and facsimile. The drop box is located outside the main entrance of the Monroe County Courthouse. 
• Filings will be accepted during normal business hours (Monday through Friday, 8am – 4:30pm).
• Links to forms are available on the probate website (www.co.monroe.us).  Additionally, you can request a form to be emailed to you by court staff.
• All service counters in the Probate and Juvenile Court will be closed to the public until the close of business Friday, April 3^, 2020, or as provided by subsequent order.
• Filing and other fees must be paid by check or money order. Cash is not accepted at this time. Payment should accompany filings by mail or drop box.
• Even though hearings are limited at this time, the courts shall process files as can be reasonably accomplished during the emergency.
• Please include a self-addressed, stamped envelope with adequate postage to mail back enough copies for service on all interested parties.
• Parties can expect copies, orders, letters of authority, and other responses from the court to be sent by mail to the petitioning party.

Court hearings

In order to maintain essential services to the public, hearings will be limited to the following types per Administrative Order 2020-2;

PROBATE

Proceedings regarding involuntary mental health treatment under Chapter 4 of the Mental Health Code including the following:

1. Pick up and transportation orders pursuant to MCL 330.1436;
2. Petitions for initial or continuing involuntary hospitalization pursuant to MCL 330.1472a;
3. Petitions for immediate funeral and burial arrangements pursuant to MCL700.3206 and 700.3614;
4. Emergency petitions filed by Adult Protective Services under MCL 400.11b(6);
5. Emergency petitions for guardianship pursuant to MCL 700.5312;
6. Emergency conservatorship and other protective orders pursuant to MCL 700.5407 in those cases with immediate pending evictions, foreclosures, shut off notices;
7. Estates where immediate access to a residence is necessary under MCL 700.5407;
8. Ex parte requests for temporary restraining orders;
9. With regard to proceedings involving mental health and guardianship matters, the court shall permit the use of video technology unless a health and safety issue requires an in-person appearance;
10. All other probate court matters must be conducted remotely using two-way interactive video technology or other remote participation tools or they must be adjourned until after April 3, 2020.
11. Other emergency motions may be held with the discretion and approval of the Chief Probate Judge.

JUVENILE COURT MATTERS

1. Safe delivery of newborn child (NB) proceedings under MCL 712.1 et seq.;
2. Waiver for parental consent (PW) proceedings under the Parental Rights Restoration Act, MCL 722.901 et seq.
3. Hearings required within 24 hours of a juvenile’s apprehension or detention pursuant to MCR3.935 and MCR 3.944;
4. Arraignments for in-custody designated and adult court waiver proceedings pursuant to MCR 3.951 and MCR 3.950;
5. Hearings required within 24 hours of taking a child into protective custody pursuant to MCR 3.965 and MCR 3.974;
6. Permanency planning hearings that are required pursuant to MCL 712A.19a;
7.  Other emergency motions may be held with the discretion and approval of the Chief Probate Judge.

Manner of hearings

• The court will maximize the use of technology to enable the parties, attorneys and required participants to participate remotely.  
• Court staff will contact participants to make arrangements for the hearing date and time and the means by which participants are to appear.
• All matters that are resolved by agreement of the parties and with approval of the court that do not involve any appearance at the court may proceed during the pendency of this order.  Such an agreement will be documented using technology as authorized in AO No. 2020-1, dated March 15, 2020.  This authority does not extend to any matters suspended by executive action of the Governor.

Payment of fines and costs

• To make payment arrangements for juvenile delinquency matters, please contact the juvenile division at (734) 240-7160 or (734) 240-7349.
• To post bail/bond in juvenile or fiduciary bond in Probate Estates, contact juvenile_clerks@monroemi.org

DATED _____________________                                _______________________________________

                                                                                    Hon. Cheryl E. Lohmeyer (P55710)

                                                                                    Chief Probate Judge