Chapter 16: Permanency Planning Hearings

In this chapter. . .

This chapter discusses permanency planning hearings. The purpose of a permanency planning hearing is to review and finalize a permanency plan for a child in foster care.

Specifically, this chapter discusses the time requirements associated with permanency planning hearings, notice requirements, procedures required for permanency planning hearings, and the applicable rules of evidence. The chapter also discusses the court’s placement options at a permanency planning hearing.

In an effort to provide trial courts with a quick practical guide through the process of permanency planning hearings, the State Court Administrative Office (SCAO) developed the Toolkit for Judges and Attorneys:Permanency Planning Hearings (MCR 3.976). The National Resource Center for Child Protective Services and the National Child Welfare Resource Center on Legal and Judicial Issues also developed the Child Safety: A Guide for Judges and Attorneys to “offer[] a comprehensive approach to child safety decision-making, addressing the fundamentals of safety assessments and safety planning.” This guide is available from the American Bar Association at https://www.americanbar.org/products/inv/book/215601/.

16.1Overview

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.

“[I]f a child remains in foster care and parental rights to the child have not been terminated, the court shall conduct a permanency planning hearing within 12 months after the child was removed from his or her home.”1 MCL 712A.19a(1). A permanency planning hearing is conducted to review the progress being made toward returning home a child in foster care, or to show why the child should not be made a permanent court ward. MCL 712A.19a(3).

During the permanency planning hearing, the court must:

•“review the permanency plan for a child in foster care [and] . . . determine whether and, if applicable, when:

   (1)    the child may be returned to the parent, guardian, or legal custodian;

(2)    a petition to terminate parental rights should be filed;

(3)    the child may be placed in a legal guardianship;

   (4)    the child may be permanently placed with a fit and willing relative; or

   (5)    the child may be placed in another planned permanent living arrangement, but only in those cases where the agency has documented to the court a compelling reason for determining that it would not be in the best interests of the child to follow one of the options listed in subrules (1)-(4).” MCR 3.976(A). See also 45 CFR 1355.20(a) and MCL 712A.19a(4), which contain substantially similar language. For additional information on the court’s options during the permanency planning hearing, see Section 16.7.

•obtain the child’s views regarding his or her permanency plan in an age appropriate manner.2 MCL 712A.19a(3); MCR 3.976(D)(2).

•consider both in-state and out-of-state placement options when a child will not be returned home. MCL 712A.19a(3); MCR 3.976(E)(1).

•determine whether the out-of-state placement continues to be appropriate and in the child’s best interests if the child is already in an out-of-state placement. MCL 712A.19a(3); MCR 3.976(E)(1).

•make sure the agency3 provides appropriate services to assist a child transitioning from foster care to independent living. MCL 712A.19a(3); MCR 3.976(E)(1).

“At or before each permanency planning hearing, the court shall determine whether the agency has made reasonable efforts to finalize the permanency plan.” MCL 712A.19a(4). See also MCR 3.976(A). MCL 712A.19(13) permits reasonable efforts to finalize an alternate permanency plan and reasonable efforts at reunification to be made concurrently. See also 45 CFR 1356.21(b)(4), which contains substantially similar language.

1    If the court determines that reasonable efforts to reunite the family or prevent removal are not required, an initial permanency planning hearing must be held within 28 days of that determination. MCR 3.976(B)(1). See Section 16.3(A).

2    SCAO published recommended guidelines to help courts implement this requirement. See SCAO memorandum, Obtaining the Child’s Opinion at Permanency Planning Hearings.

3    MCR 3.903(C)(1) defines agency as “a public or private organization, institution, or facility responsible pursuant to court order or contractual arrangement for the care and supervision of a child.”