Chapter 15: Dispositional Review Hearings
In this chapter. . .
This chapter discusses the requirements for reviewing a court’s initial dispositional order and a party’s compliance with the case service plan. When a child has not been removed from his or her home, or when a child has been returned to his or her home following an initial removal, the court must conduct periodic review hearings to determine the family’s progress toward rectifying conditions that brought the child within the court’s jurisdiction.
This chapter also outlines procedures for removing a child from his or her home in an emergency that arises during the dispositional phase of proceedings.
In an effort to provide trial courts with a quick practical guide through the process of dispositional review hearings, the State Court Administrative Office (SCAO) developed the Toolkit for Judges and Attorneys: Dispositional Review Hearings.
An individual involved in a child protective proceeding may be eligible for admission to a family treatment court program if, among other requirements, “the individual has a substance use disorder,” MCL 600.1099ee(a), and “[t]he allegations contained in the petition [are] related to the abuse, illegal use, or possession of a controlled substance or alcohol,” MCL 600.1099ff(a). See Section 7.7 for information about family treatment courts.
If the court does not terminate jurisdiction over a child after entering a dispositional order, and the child is placed outside the child’s home, the court must “follow the review procedures in MCR 3.975 [dispositional review hearings.]” MCR 3.973(I)(1). “A dispositional review hearing is conducted to permit court review of the progress made to comply with any order of disposition and with the case service plan prepared pursuant to MCL 712A.18f and court evaluation of the continued need and appropriateness for the child to be in foster care[.] MCR 3.975(A). In addition, a dispositional review hearing permits the court to approve or disapprove of the child’s initial or continued placement in a qualified residential treatment program.”Id.
If the court does not terminate jurisdiction over a child after entering a dispositional order and the child remains in the home, the court must review the child’s progress under MCR 3.974(A). MCR 3.973(I)(2). The court must “periodically review the progress of a child not in foster care over whom it has taken jurisdiction.” MCR 3.974(A)(1).