MCR 3.903(C)(10) defines placement as a “court-approved transfer of physical custody of a child to foster care, a shelter home, a hospital, or a private treatment agency.”
If the court authorizes the filing of the petition, the child may be placed in any of the following:
(1) The home of the child’s parent(s), guardian, or legal custodian;
(2) A licensed county child care home or facility; or
(3) A licensed child care institution or child placing agency. MCL 712A.14(3); MCL 712A.16(2).
Note: Placement often occurs through an agency, either a local DHHS office or a private agency under contract with DHHS. MCL 712A.13a(1)(a) defines agency as “a public or private organization, institution, or facility that is performing the functions under part D of title IV of the social security act, 42 USC 651 to [42 USC] 669b, or that is responsible under court order or contractual arrangement for a juvenile’s care and supervision.”
A child placing agency is “a governmental organization or an agency organized . . . for the purpose of receiving children for placement in private family homes for foster care or for adoption. The function of a child placing agency may include investigating applicants for adoption and investigating and certifying foster family homes and foster family group homes as provided in this act. The function of a child placing agency may also include supervising children who are at least 16 but less than 21 years of age and who are living in unlicensed residences as provided in [MCL 722.115(4)].” MCL 722.111(e).
“If continuing the child’s residence in the home is contrary to the welfare of the child,”1 the court must not release the child to his or her parent(s), guardian, or legal custodian, but instead must order that the child be “placed in the most family-like setting available consistent with the juvenile’s needs.” MCL 712A.13a(12); MCR 3.965(C)(3). Accordingly, a child removed from his or her parent’s control must be placed in care “as nearly as possible equivalent to the care that should have been given to the [child] by his or her parents.” MCL 712A.1(3). However, if an Indian child is involved in the proceedings, the court must follow the placement preferences as outlined in MCR 3.965(B)(13)(b).2
1.Preferred Placement of a Child After the Child’s Removal From Parental Custody
Upon the child’s removal from parental custody, as part of the initial service plan,3 “the supervising agency must, within 30 days, 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.” MCL 722.954a(2). “The [DHHS] may make an exception to this preference only if good cause is shown.” Id. “As used in [MCL 722.954a], ‘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).
In notifying the child’s relatives, the supervising agency must:
“(a) Specify that the child has been removed from the custody of the child’s parent.
(b) Explain the options the relative has to participate in the child’s care and placement, including any option that may be lost by failing to respond to the notification.
(c) Describe the requirements and benefits, including the amount of monetary benefits, of becoming a licensed foster family home.
(d) Describe how the relative may subsequently enter into an agreement with the department for guardianship assistance.” MCL 722.954a(3).
2.Placement of a Child’s Siblings
Reasonable efforts must be made to place siblings together. MCL 712A.13a(14); MCL 722.954a(6). If siblings are not placed together or not all of the siblings were removed, reasonable efforts must be made to provide “at least monthly visitation or other ongoing contact between the siblings,” unless statutory requirements dictate otherwise. MCL 722.954a(6). See also MCL 712A.13a(14); MCL 722.954a(7). See Section 8.2(C) for a discussion on sibling placement and maintenance of sibling relationship.
B.Relative Placements4
1.Definition of Relative
A relative is “an individual who is at least 18 years of age and is either of the following:
(i) Related to the child within the fifth degree by blood, marriage, or adoption, including the spouse of an individual related to the child within the fifth degree, even after the marriage has ended by death or divorce, the parent who shares custody of a half-sibling, and the parent of a man whom the court has found probable cause to believe is the putative father if there is no man with legally established rights to the child.
(ii) Not related to a child within the fifth degree by blood, marriage, or adoption but who has a strong positive emotional tie or role in the child’s life or the child’s parent’s life if the child is an infant, as determined by the department or, if the child is an Indian child, as determined solely by the Indian child’s tribe. As used in this section, ‘Indian child’ and ‘Indian child’s tribe’ mean those terms as defined [MCL 712B.3].” MCL 712A.13a(1)(j).
2.Placement Preferences
Before a supervising agency5 determines where to place a child in its care, it must give special consideration and preference to the child’s relatives who are willing and fit to care for the child and can meet the child’s developmental, emotional, and physical needs. MCL 722.954a(5).
The supervising agency’s decision on where to place the child must be in the child’s best interests. MCL 722.954a(5).
3.Requirements For Placement in a Relative’s Home
Before or within seven days of a child being placed in a relative’s home, the DHHS must perform a central registry clearance and criminal record check on all relative caregivers and adult household members.6 MCL 712A.13a(11); MCR 3.965(C)(5)(a). See also DHHS’s Children’s Foster Care Manual (FOM), Relative Engagement and Placement FOM 722-03B, pp 8-9 (Note: the DHHS information indicates that the checks should be completed before placement). The court may order the DHHS to report to the court before or within seven days the results of the central registry clearance and criminal record check. MCR 3.965(C)(5)(a). When a child is placed in a relative’s home, the court must order a home study to be conducted and a copy of the results submitted to the court within 30 days of placement. MCL 712A.13a(11); MCR 3.965(C)(5)(b).
Note: The DHHS may not place a child in a home where a member of the home is listed as a perpetrator on the central registry7 or has a felony conviction for:
(1) Child abuse or neglect.
(2) Spousal abuse.
(3) Crime against a child (including pornography).
(4) Crime that involves violence (including rape, sexual assault, or homicide, but not including other physical assault or battery).
(5) Physical assault, battery, or drug related offense within the last five years. DHHS‘s Children’s Foster Care Manual (FOM), Placement Selection and Standards FOM 722-03 pp 10-11.
Also, the DHHS may not place a child in a home where an adjudicated juvenile sex offender resides. Placement Selection and Standards FOM 722-03, p 18.
C.Placement of a Child’s Siblings
A sibling is “a child who is related through birth or adoption by at least 1 common parent. Sibling includes that term as defined by an American Indian or Alaskan native child’s tribal code or custom.” MCL 712A.13a(1)(l); MCL 722.952(l).
2.Reasonable Efforts and Placement of Siblings
“Reasonable efforts must be made to do the following:
(a) Place siblings removed from their home in the same foster care,[8] kinship guardianship, or adoptive placement, unless the supervising agency documents that a joint placement would be contrary to the safety or well-being of any of the siblings.
(b) In the case of siblings removed from their home who are not jointly placed, provide for visitation, at least monthly, or other ongoing interaction between the siblings, unless the supervising agency documents that visitation, at least monthly, or other ongoing interaction would be contrary to the safety or well-being of any of the siblings.” MCL 712A.13a(14); see also MCL 722.954a(6), containing substantially similar language.
See also the DHHS’s Children’s Protective Services Manual (PSM), Court Intervention and Placement of Children PSM 715-2, pp 8-9, which provides:
“All siblings who enter foster care at or near the same time must be placed together, unless:
• One of the siblings has exceptional needs that can be met only in a specialized program or facility.
• Such placement is harmful to one or more of the siblings.
• The size of the sibling group makes a joint placement impractical, notwithstanding diligent efforts to make a joint placement.”
3.Maintenance of Sibling Relationship If Siblings Are Separated
“If siblings cannot be placed together or not all the siblings are being placed in foster care, the supervising agency must make reasonable efforts to facilitate at least monthly visitation or other ongoing contact with siblings unless a court has determined that at least monthly visitation or other ongoing contact with siblings would not be beneficial under [MCL 712A.13a(16)].” MCL 722.954a(7).
a.Suspension of Sibling Contact
“If the supervising agency documents that visitation or other contact is contrary to the safety or well-being of any of the siblings and temporarily suspends visitation or contact, the supervising agency shall report its determination to the court for consideration at the next review hearing.” MCL 712A.13a(15).
“If the supervising agency temporarily suspends visitation or contact, the court shall review the decision and determine whether sibling visitation or contact will be beneficial to the siblings. If so, the court shall order sibling visitation or contact to the extent reasonable.” MCL 712A.13a(16).
b.Discontinuation of Sibling Contact
“If the supervising agency discontinues visitation or other ongoing contact with siblings because the supervising agency determines that visitation or other ongoing contact is contrary to the safety or well-being of any of the siblings, the supervising agency must report its determination to the court for consideration at the next review hearing.” MCL 722.954a(8).
D.Relative Licensing Requirement
“Every relative with placement of a child in foster care must be referred for licensure. Every effort must be made to ensure relative caregivers who are referred for licensure complete licensure within 180 calendar days of placement. Within 45 calendar days of placement, the relative must be referred to a certification worker[.]” Relative Licensing FOM 923, p 1.
E.Exception to Licensing Requirements
Upon the recommendation of a local Foster Care Review Board or a child placing agency, the department may grant a variance to one or more licensing rules or statutes that regulate foster family homes or foster family group homes for 1 or more of the following reasons:
“(a) To allow the child and 1 or more siblings to remain or be placed together.
(b) To allow a child with an established meaningful relationship with the family to remain with the family.
(c) To allow a family with special training or skills to provide care to a child who has a severe disability.” MCL 722.118b(1).
The department may grant the variance, if it determines that:
(1) the child’s placement will be in the child’s best interests; and
(2) the variance will not jeopardize the child’s health or safety or the health or safety of another child residing in the foster family home or foster family group home.9 MCL 722.118b(2). See also MCL 722.137a.
For purposes of licensing and regulating foster family homes or foster family group homes under the Child Care Licensing Act, MCL 722.111 et seq., department refers to DHHS. MCL 722.111(m).
F.Placement in Setting Providing Certain Services for Human Trafficking Victims
“Before determining placement of a child in its care, a supervising agency shall give special consideration to information that a child may be the victim of human trafficking. If a supervising agency finds that a child is or may be a victim of human trafficking, the supervising agency shall place the child in a setting that provides mental health services, counseling, or other specialized services that are necessary or appropriate for a victim of human trafficking.” MCL 722.954e.
G.Children Absent Without Leave From Placement (AWOLP)
“Foster parents, relative/unrelated caregivers, parents, and/or residential facility staff must immediately notify law enforcement agencies (state police, local police, or the sheriff’s department) and the supervising agency when a youth under their care fails to return at the expected time or leaves a home without permission.” Absent Without Legal Permission (AWOLP) FOM 722-03A, p 1. The supervising agency must, immediately after being notified of the child’s absence, file a missing person report with the local law enforcement agency; the child must be classified as “missing and endangered.” Id. Within 24 hours of a child‘s absence from a court-ordered placement, a supervising agency must notify the following:
(1) The court having jurisdiction over the child;
(2) The child’s parent(s), if appropriate; and
(3) The child’s lawyer-guardian ad litem;
(4) The National Center for Missing and Exploited Children (NCMEC). Id. at pp 1-2.
Each circuit court must have “a plan for reviewing cases involving children who are absent from court-ordered placements without permission from the court.” Michigan Supreme Court Administrative Order No. 2002-4. See also the State Court Administrative Office (SCAO) AWOLP Resources.10
H.Qualified Residential Treatment Program
Once in foster care,11 the DHHS may place the child in a qualified residential treatment program (QRTP). See MCL 722.123a. Once placed, the court or its designated administrative body must approve or disapprove of a child’s placement in a qualified residential treatment program. See MCL 722.111(m); MCL 722.123a(3); MCR 3.966(D). A QRTP is a program within a child caring institution that provides specialized services to the minor children placed there. See MCL 722.111(w). A QRTP has a trauma-informed treatment model in which an awareness and knowledge of trauma and skills in dealing with trauma are included in the program’s culture, practices, and policies. MCL 722.111(w)(i); see also MCR 3.903(C)(14)(a). Registered or licensed nursing and clinical staff are on-site or are available 24/7 to provide care in the scope of their practices. MCL 722.111(w)(ii); see also MCR 3.903(C)(14)(b). In addition, a QRTP “integrates families into treatment, including maintaining sibling connections,” provides services for at least six months after discharge, is accredited as indicated in 42 USC 672(k)(4)(G) by an independent not-for-profit organization, and “does not include a detention facility, forestry camp, training school, or other facility operated primarily for detaining minor children who are determined to be delinquent.” MCL 722.111(w)(iii)-(vi); see also MCR 3.903(C)(14)(c)-(f).
Within 30 days of placing a child in a QRTP, the Department of Health and Human Services (DHHS) must have a qualified individual12 conduct an assessment of the child’s strengths and needs, determine which placement most aligns with the child’s needs, and develop a list of mental and behavioral health goals for the child. See MCL 722.123a(1) for more information.
DHHS must file an ex parte petition requesting the court approve or disapprove the juvenile’s placement in a QRTP within 45 days of the initial placement. MCR 3.966(D)(1). See also MCL 722.123a(3). The petition must “be accompanied by the assessment, determination, and documentation made by the qualified individual,” and the DHHS must serve all parties with the ex parte petition and all accompanying documentation. MCR 3.966(D)(1)(a)-(b). See also MCL 722.123a(1)-(2). The court, or an administrative body authorized or appointed by the court independently, must review the motion within 14 days of its filing. MCR 3.966(D)(2). The court or administrative body must also review any documentation in support of the motion. Id.; see also MCL 722.123a(3)(a). Following the review of the motion and documentation, the court or administrative body must issue an order approving or disapproving of the placement. MCR 3.966(D)(2); MCL 722.123a(3)(c). The order issued must include the court’s or administrative body’s individualized findings concerning the following:
“(a) whether the needs of the child can be met in a foster family home, or if not,
(b) whether the placement of the child provides the most effective and appropriate level of care for the child in the least restrictive environment, and
(c) whether the placement is consistent with the goals in the permanency plan for the child.” MCR 3.966(D)(2). See also MCL 722.123a(3)(b).
The court’s or administrative body’s written documentation of the determination and QRTP approval or disapproval must be made part of the child’s case plan. MCL 722.123a(4). “The court shall serve the order on parties.” MCR 3.966(D).
“As long as a child remains placed in a qualified residential treatment program, the department must submit evidence at each dispositional review hearing and each permanency planning hearing held with respect to the child that does the following:
(a) Demonstrates that ongoing assessment of the strengths and needs of the child cannot be met through placement in a foster family home, that the placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment, and that the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child.
(b) Documenting the specific treatment or service needs that will be met for the child in the placement and the length of time the child is expected to need the treatment or services.
(c) Documents the reasonable efforts made by the department to prepare the child to return home or to be placed with a fit and willing relative, a legal guardian, or an adoptive parent, or in a foster family home.” MCL 722.123a(5).
The court must approve or disapprove of a child’s placement in a QRTP when the matter is raised in a review hearing or a permanency planning hearing. MCL 712A.19(10); MCL 712A.19a(14); MCL 722.123a(6).
Detailed information about the treatment and services provided to a child placed in a QRTP, and the assessment and monitoring of a child’s progress in the program by a qualified professional is found in MCL 722.123a.
1 For additional information on contrary to the welfare findings, see Section 8.3.
2 MCR 3.965(B)(13)(b) mirrors the placement preferences for Indian children under the ICWA as outlined in 25 USC 1915(b), and the MIFPA as outlined in MCL 712B.23(1). See Section 19.13.
3 See Section 8.7 for more information on Initial Service Plans.
4 Relative placements are also known as kinship care, i.e., “the provision of full time nurturing and protection of children by adults other than parents who have a family relationship bond with the children.” Child Welfare League of American, 1994. For additional information on Kinship Care, see the Michigan State University Kinship Care Resource Center.
5 MCL 722.952(m) defines supervising agency as “the [DHHS] if a child is placed in the [DHHS’s] care for foster care, or a child placing agency in whose care a child is placed for foster care.”
6 See Section 2.4(F) for a discussion on accessing information from the Law Enforcement Information Network (LEIN), and Section 2.6(J) for a discussion on accessing information from the DHHS Registry.
7 “A relative caregiver or adult household member identified as a perpetrator on Central Registry is not disqualified from placement consideration. Children may be placed with the relative listed on Central Registry after director approval of the DHS-3130A and the expunction of the caregiver/adult household member’s Central Registry history.” DHHS’s Children’s Foster Care Manual (FOM), Relative Engagement and Placement FOM 722-03B, p 10. DHS-3130A is the Relative Placement Home Study form and is available here.
8 Foster care is “24-hour a day substitute care for children placed away from their parents, guardians, or legal custodians, and for whom the court has given the Department of Health and Human Services [DHHS] placement and care responsibility, including, but not limited to,
(a) care provided to a child in a foster family home, foster family group home, or child caring institution licensed or approved under MCL 722.111 et seq.,[] or
(b) care provided to a child in a relative’s home pursuant to an order of the court.” MCR 3.903(C)(5). See also MCL 712A.13a(1)(e).
9 If the department grants a variance, a private home’s licensure status does not change. MCL 722.118b(3).
10 “The AWOLP system is managed by the State Court Administrative Office and is available through the Michigan Court Application Portal. Each circuit court has an administrator who may request access to the AWOLP system for court staff, as well as local Department of Health and Human Services (DHHS) and private agency workers.” AWOLP Resources, AWOLP Case Reporting.
11 Foster care is “24-hour substitute care for a child placed away from his or her parent or guardian and for whom the title IV-E agency has placement and care responsibility.” MCL 722.123a(9)(a).
12 A “qualified individual” is “a trained professional or licensed clinician who is not an employee of the department and who is not connected to, or affiliated with, any placement setting in which children are placed by the department. The department may seek a waiver from the [United States Secretary of the Department of Health and Human Services] to approve a qualified individual who does not meet the criteria in this subdivision to conduct the assessment. The individual must maintain objectivity with respect to determining the most effective and appropriate placement for the child.” MCL 722.123a(9)(b)-(c).