By Connie Reguli.

Over my 28 year history of working with families in situations critical to protecting their liberty interest to raise their children, I have many times thought that the parents deserved a jury trial of their parental rights were at stake.

Do not be deceived, jury trials are not perfect. I have seen judges rewrite jury instructions contrary to the law. In parental rights case we also have a set of troubling vague laws that can easily sway a judge or jury if they don’t like the parent or do t understand the law.

Juries are not supposed to be swayed by emotion, but emotion is always the states objective when they have a case with a kid. Since the prosecution will go first, the state agency will have plenty of chance to blab about what a bad parent is in front of them. There will be little sympathy for parents struggling with substance abuse or domestic violence.

We need more specific laws on matters such as “failure to provide suitable housing” or “failure to cure the conditions that lead to removal.” Tenn Courts say that failure to provide suitable housing is not just a home, but a job, a car, childcare, and other middle class characteristics.

Michgan has made a giant leap. However, o am thinking that attorneys for parents will not recommend jury trial. First of all, it’s harder. Second, more time consuming. Third, the care required to prepare you evidence is heightened.

However I applaud Michigan and the brave folks who got this passed. Let’s carry this to all states. It’s progress.

In May 2022, the State of Michigan adopted a rule to provide for jury trials in juvenile proceedings.

Mich. Ct. R. 3.911
As amended through May 18, 2022
Rule 3.911 – Jury
(A) Right. The right to a jury in a juvenile proceeding exists only at the trial.

(B) Jury Demand. A party who is entitled to a trial by jury may demand a jury by filing a written demand with the court within:

(1) 14 days after the court gives notice of the right to jury trial, or

(2) 14 days after an appearance by an attorney or lawyer-guardian ad litem, whichever is later, but no later than 21 days before trial.

The court may excuse a late filing in the interest of justice.

(C) Jury Procedure. Jury procedure in juvenile cases is governed by MCR 2.508-2.516, except as provided in this subrule.

(1) In a delinquency proceeding,

(a) each party is entitled to 5 peremptory challenges, and

(b) the verdict must be unanimous.

(2) In a child protective proceeding,

(a) each party is entitled to 5 peremptory challenges, with the child considered a separate party, and

(b) a verdict in a case tried by 6 jurors will be received when 5 jurors agree.

(3) Two or more parties on the same side, other than a child in a child protective proceeding, are considered a single party for the purpose of peremptory challenges.

(a) When two or more parties are aligned on the same side and have adverse interests, the court shall allow each such party represented by a different attorney 3 peremptory challenges.

(b) When multiple parties are allowed more than 5 peremptory challenges under this subrule, the court may allow the opposite side a total number of peremptory challenges not to exceed the number allowed to the multiple parties.

(4) In a designated case, jury procedure is governed by MCR 6.401-6.420.

Mich. Ct. R. 3.911