8.11Appeals of Foster Care Placement Changes

A.Appeals to Foster Care Review Board

Before a change in a child’s foster care placement takes effect, a child placing agency must notify the foster parent(s) of the proposed change and of their option to appeal the proposed change to a foster care review board (FCRB) within three days.¹ MCL 712A.13b(2)(b). Except for emergency placement changes under MCL 712A.13b(7), the agency must not make any placement changes until after the three-day appeal period expires, and, if there is an appeal, until after the FCRB makes its determination. MCL 712A.13b(2)(c).

A foster parent may appeal orally but must submit a written appeal immediately thereafter. MCL 712A.13b(2)(b); MCL 712A.13b(7).

1.Investigation by Foster Care Review Board (FCRB)

The FCRB must investigate a proposed change in placement within seven days of an appeal under MCL 712A.13b(2) or MCL 712A.13b(7). MCL 712A.13b(3). The tribe of an Indian child must be invited to participate in the investigation, and the FCRB must comply with the best interests of the child standards and procedures that appear in MCL 712B.5.² MCL 712A.13b(4). The FCRB must report its findings and recommendations about the change, including whether the FCRB decides that the placement change is in the child’s best interests, within three days of completing the investigation. If the child is an Indian child, the report must include a statement that the child is an Indian child and a list of active efforts taken by the agency to place the child according to MCL 712B.23. MCL 712A.13b(3)(a)-(b). The FCRB must report its findings and recommendations to the court or the Michigan Children’s Institute (MCI) Superintendent (if the child is under the jurisdiction, supervision, or control of the MCI), foster care parent(s), parents, the tribe of an Indian child, and the agency. MCL 712A.13b(3). If the FCRB decides after its investigation that the move is in the child’s best interests, the agency may move the child. MCL 712A.13b(4).

2.Change in Child’s Placement Pending Appeal to Family Division

If, after investigation, the FCRB determines that the change in the child’s foster care placement is not in the child’s best interest, the child placing agency must maintain the child’s current placement until a finding and order by the court or a decision by the MCI Superintendent (if the child is under the jurisdiction, supervision, or control of the MCI). MCL 712A.13b(5). If the child placing agency removed a child under MCL 712A.13b(7), the child placing agency must not return the child to the foster care placement from which the child was removed unless the court orders a placement restoration or the MCI Superintendent approves a placement restoration. MCL 712A.13b(5).

The FCRB must notify the court or the MCI Superintendent (if the child is under the jurisdiction, supervision, or control of the MCI) about the disagreement between the FCRB and the child placing agency. Id.

B.Appeals to Family Division or Michigan Children’s Institute (MCI) Superintendent

1.Court’s Review

Upon receipt of notice from the FCRB of its disagreement with the child placing agency’s proposed change, the court must set a hearing date and provide notice of the scheduled hearing to:

• The child’s foster parent(s);

• Each interested party; and

• The prosecuting attorney (if the prosecuting attorney has appeared in the case). MCL 712A.13b(5); MCR 3.966(C)(1)-(2).

“The court shall set a hearing no sooner than 7 and no later than 14 days after receipt of the notice from the [FCRB].” MCL 712A.13b(5). See also MCR 3.966(C)(2)(a). The Rules of Evidence do not apply, and the court may hear testimony from the child placing agency and any other interested party, including an Indian child’s tribe. MCL 712A.13b(5)-(6); MCR 3.966(C)(2)(c). The court may also consider any other evidence relevant to the proposed change in the child’s foster care placement. MCL 712A.13b(6); MCR 3.966(C)(2)(c).

The court must order the child’s foster care placement continued or restored unless it finds that the proposed change in placement is in the child’s best interests. MCL 712A.13b(6); MCR 3.966(C)(2)(d).

2.MCI Superintendent’s Review

If the child is subject to MCI jurisdiction, control, or supervision, the MCI Superintendent must make a decision regarding a child’s placement within 14 days of receiving notice from the FCRB of its disagreement with the child placing agency’s proposed change. MCL 712A.13b(5). The MCI Superintendent must also inform all interested parties of its decision. Id.