Chapter 18: Post-Termination Review Hearings

In this chapter. . .

If a child remains in placement following termination of parental rights, a court must conduct post-termination review hearings to determine the appropriateness of the child’s placement, appropriateness of the permanency plan, and determine whether reasonable efforts are being made to permanently place the child. This chapter describes the procedures for those review hearings.

The chapter also discusses the court’s options following a post-termination review hearing, and termination of a court’s jurisdiction of a child protective proceeding.

In an effort to provide trial courts with a quick practical guide through the process of post-termination review hearings, the State Court Administrative Office (SCAO) developed the Toolkit for Judges and Attorneys: Post-Termination Review Hearings.

The SCAO also developed the Conducting Effective Post-Termination Review Hearings to guide trial courts through the procedures of conducting post-termination review hearings.

18.1Overview

“[I]f a child remains in placement following the termination of parental rights to the child, the court shall conduct a [post-termination] review hearing not more than 91 days after the termination of parental rights and no later than 91 days after that hearing for the first year following termination of parental rights to the child.”¹ MCL 712A.19c(1). See also MCR 3.978(A), which contains substantially similar language.

During any post-termination review hearing under MCL 712A.19c, the court must review:

“(a) The appropriateness of the permanency planning goal for the child.^[²]

(b) The appropriateness of the child’s placement.^[³]

(c) The reasonable efforts being made to place the child for adoption or in other permanent placement in a timely manner.” MCL 712A.19c(1).

As long as a child is under the court’s, Michigan Children’s Institute’s (MCI’s), or an agency’s jurisdiction, control, or supervision, the court must conduct a post-termination review hearing to review a child’s placement in foster care and review the progress being made toward a child’s adoption or other permanent placement. MCR 3.978(A). See also MCL 712A.19c(14).

However, post-termination review hearings under MCL 712A.19c apply “only to a child’s case in which parental rights to the child were either terminated as the result of a proceeding under [MCL 712A.2(b)] or a similar law of another state or terminated voluntarily following the initiation of a proceeding under [MCL 712A.2(b)] or a similar law of another state.” MCL 712A.19c(14).

¹ If a child is placed in a permanent planned living arrangement or placed with a fit and willing relative with the intent the placement be permanent, the post-termination review hearing must be held within 182 days. MCR 3.978(A). See Section 18.3(A).

² “State and federal policies approve four types of permanency goals for children.” SCAO Guideline, Conducting Effective Post-Termination Review Hearings, p 8. The four types in order of priority are: adoption, guardianship, placement with a fit and willing relative, and another planned living arrangement (APPLA). Conducting Effective Post-Termination Review Hearings, supra at pp 8-9.

³ “If the child is a permanent court ward under MCL 712A.20, the court may order a change in placement if the court determines that a different placement is more appropriate and in the child’s best interests.” SCAO Guideline, Conducting Effective Post-Termination Review Hearings, p 10. However, “[i]t is important to note that courts may not order a change of placement for a state ward[;] [t]he MCI superintendent is responsible for decisions regarding state wards’ placement and care.” Conducting Effective Post-Termination Review Hearings, supra. “SCAO recommends that if the court believes that the child’s placement is not appropriate, the court make that belief known and recommend that the child’s [Lawyer Guardian Ad Litem] (LGAL) and the [Michigan Children’s Institute] (MCI) superintendent consult regarding the court’s concern.” Id.