A.Initial Post-Termination Review Hearings
If a child remains in foster care following termination of his or her parent’s parental rights, the court must hold an initial post-termination review hearing within 91 days of the termination of parental rights. MCL 712A.19c(1); MCR 3.978(A).
However, “[i]f a child is under the care and supervision of the agency and is either placed with a relative and the placement is intended to be permanent or is in a permanent foster family agreement, the court shall hold a review hearing not more than 182 days after the child has been removed from his or her home[.]” MCL 712A.19(4); MCL 712A.19c(1).
The court must not cancel or delay an initial post-termination review hearing beyond the required number of days, regardless of any other pending matters. MCL 712A.19c(1).
B.Subsequent Post-Termination Review Hearings
The court must not cancel or delay a subsequent post-termination review hearing beyond the required number of days, regardless of any other pending matters. MCL 712A.19c(1).
For the first year following a termination of a child’s parent’s parental rights, the court must hold subsequent post-termination review hearings at least every 91 days. MCL 712A.19c(1); MCR 3.978(A).
“If a child remains in a placement for more than 1 year following termination of parental rights to the child, a review hearing shall be held no later than 182 days from the immediately preceding review hearing before the end of the first year and no later than every 182 days from each preceding review hearing thereafter until the case is dismissed.” MCL 712A.19c(1).1
2.Child is Placed in Permanent Planned Living Arrangement or with Relative
If a child resides in a permanent planned living arrangement or with a fit and willing relative and the relative placement is intended to be permanent, the court must hold subsequent post-termination review hearings at least every 182 days. MCL 712A.19(4); MCL 712A.19c(1); MCR 3.978(A).2
On a party’s motion or in the court’s discretion, a court may accelerate a post-termination review hearing to “review any element of the case.” MCL 712A.19c(1).
1 A hearing held under MCL 400.669(2) (requiring “[t]he court [to] hold a hearing regarding the youth’s continued participation in extended guardianship assistance [under the Young Adult Voluntary Foster Care Act (YAVFCA)] not less than 1 time every 12 months[]”) may be combined with a hearing held under MCL 712A.19c(1). Section 14.5(I) for additional information on the extension of guardianship assistance under MCL 400.665.
2 A hearing held under MCL 400.669(2) (requiring “[t]he court [to] hold a hearing regarding the youth’s continued participation in extended guardianship assistance [under the Young Adult Voluntary Foster Care Act (YAVFCA)] not less than 1 time every 12 months[]”) may be combined with a hearing held under MCL 712A.19(4) and MCL 712A.19c(1). Section 14.5(I) for additional information on the extension of guardianship assistance under MCL 400.665.