8.7Initial Service Plans

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 placement is ordered, the court must inform the parties, either orally or in writing, of all of the following:

“(1) that the agency designated to care and supervise the child will prepare an initial service plan no later than 30 days after the placement;

(2) that participation in the initial service plan is voluntary unless otherwise ordered by the court;

(3) that the general elements of an initial service plan include:

(a) the background of the child and the family,

(b) an evaluation of the experiences and problems of the child,

(c) a projection of the expected length of stay in foster care, and

(d) an identification of specific goals and projected time frames for meeting the goals;

(4) that, on motion of a party, the court will review the initial service plan and may modify the plan if it is in the best interests of the child; and

(5) that the case may be reviewed for concurrent planning.” MCR 3.965(D). See also MCL 712A.13a(10).

“A trial court’s failure to inform a respondent of the information required by [MCL 712A.13a(10)] does not affect the validity of the trial court’s order.” In re Benavides, 334 Mich App 162, 171 (2020). In addition, the notice requirement in MCL 712A.13a(10) applies only when a child was removed from, and placed outside of, his or her home; notice is not required when the child was removed only from the respondent’s custody but the child’s placement remained in the residence where he or she was living at the time the petition was authorized. In re Benavides, 334 Mich App at 171. In In re Benavides, the court concluded that the children could remain in the home where they were living at the time of the preliminary hearing because respondent no longer lived in the home and a safety plan was in place with the children’s uncle, who also lived in the home. Id. at 172. “Thus, the precipitating event, the placement of the juvenile outside the home, did not occur, and therefore, the trial court was not required to advise of the preparation of an initial services plan.” Id.

In addition, the court must direct the agency to identify, locate, notify, and consult with a child’s relatives to determine if placement with a relative would be in the child’s best interests.¹ MCR 3.965(D). As part of the initial service plan, the child’s supervising agency must, within 30 days of removing the child from parental custody, “identify, locate, notify, and consult with relatives to determine placement with a fit and appropriate relative who would meet the child’s developmental, emotional, and physical needs.” MCL 722.954a(2). “Preference shall be given to an adult related to the child within the fifth degree by blood, marriage, or adoption provided the relative meets all relevant state child protection standards. The [DHHS] may make an exception to this preference only if good cause is shown. As used in this section, ‘good cause’ means any of the following:

(a) A request by 1 or both of the child’s parents to deviate from this preference.

(b) The child’s request, if the child is of sufficient age and capacity to understand the decision that is being made.

(c) The presence of a sibling attachment that can be maintained through a particular placement.

(d) The child’s physical, mental, or emotional needs, such as specialized treatment services that may be unavailable in the community where families who meet the placement preferences live.

(e) The distance between the child’s home and the proposed family placement would frustrate the reunification goal or otherwise impede permanency.” MCL 722.954a(2).²

The court must also require the agency to provide the name and address of the child’s attending physician of record or primary care physician where a physician has diagnosed the child’s abuse or neglect as involving one or more of the following:

(1) failure to thrive;

(2) Munchausen syndrome by proxy;

(3) shaken baby syndrome;

(4) a bone fracture diagnosed as being the result of abuse or neglect; or

(5) drug exposure.³ MCL 712A.18f(6); MCR 3.965(D).

The development of a case plan for a child is governed by a federal regulation implementing the Adoption and Safe Families Act (ASFA). Specifically, 45 CFR 1356.21(g) states:

“(g) Case plan requirements. In order to satisfy the case plan requirements of [42 USC 671(a)(16), 42 USC 675(1), and 42 USC 675(5)(A) and (D)], the State agency must promulgate policy materials and instructions for use by State and local staff to determine the appropriateness of and necessity for the foster care placement of the child. The case plan for each child must:

(1) Be a written document, which is a discrete part of the case record, in a format determined by the State, which is developed jointly with the parent(s) or guardian of the child in foster care; and

(2) Be developed within a reasonable period, to be established by the State, but in no event later than 60 days from the child’s removal from the home pursuant to [45 CFR 1356.21(k)];^[4] 

(3) Include a discussion of how the case plan is designed to achieve a safe placement for the child in the least restrictive (most family-like) setting available and in close proximity to the home of the parent(s) when the case plan goal is reunification and a discussion of how the placement is consistent with the best interests and special needs of the child. ([Federal financial participation] is not available when a court orders a placement with a specific foster care provider);

(4) Include a description of the services offered and provided to prevent removal of the child from the home and to reunify the family; and

(5) Document the steps to finalize a placement when the case plan goal is or becomes adoption or placement in another permanent home in accordance with [42 USC 675(1)(E), 42 USC 675(5)(E)]. When the case plan goal is adoption, at a minimum, such documentation shall include child-specific recruitment efforts such as the use of State, regional, and national adoption exchanges including electronic exchange systems.”