The trial court plainly erred when it ordered respondent’s children removed from her care. Under MCR 3.974(C)(3)(a), the hearing held by the trial court was not an emergency removal hearing. Since the trial court did not follow the procedural requirements to remove the children from her care, the court violated respondent’s procedural due process rights.

The trial court in this child removal case properly accepted the respondent-mother’s waiver of a probable cause hearing and did not err by enforcing that waiver in subsequent proceedings, the Michigan Court of Appeals has ruled.