Not more than 90 days after the child’s removal, the supervising agency must make a placement decision and document the reason for the decision in writing.1 MCL 722.954a(4)(a). The supervising agency must give written notice of the placement decision and supporting reasons to the following persons:
(1) the child’s attorney;
(2) the child’s guardian;
(3) the child’s guardian ad litem;
(4) the child’s mother;
(5) the child’s father;
(6) the attorneys for the mother and father;
(7) each relative who expresses an interest in caring for the child;
(8) the child, if he or she is old enough to express an opinion regarding placement; and
(9) the prosecuting attorney. MCL 722.954a(4)(b).
Placement is the “court-approved transfer of physical custody of a child to foster care,[2] a shelter home, a hospital, or a private treatment agency.” MCR 3.903(C)(10).
The goal of a foster care placement is “not to create a new ‘family’ unit or encourage permanent emotional ties between the child and foster parents[, but rather] [f]oster care is designed to provide a stable, nurturing, noninstitutionalized environment for the child while the natural parent or caretaker attempts to remedy the problems which precipitated the child’s removal or, if parental rights have been terminated, until suitable adoptive parents are found.” Mayberry v Pryor, 422 Mich 579, 586-587 (1985).
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 712A.13a(14); MCL 722.954a(6); MCL 722.954a(7). See Section 8.2(D) for a discussion on sibling placement and maintenance of sibling relationship.
A.Change in Child’s Foster Care Placement
Where a child under the court’s or the Michigan Children’s Institute’s (MCI’s) jurisdiction, control, or supervision is placed in foster care, the agency must not change the child’s placement unless:
“(a) The person providing the foster care requests or agrees to the change.
(b) Even though the person providing the foster care objects to a proposed change in placement, 1 of the following applies:
(i) The court orders the child returned home.
(ii) The change in placement is less than 30 days after the child’s initial removal from his or her home.
(iii) The change in placement is less than 90 days after the child’s initial removal from his or her home, and the new placement is with a relative.3
(iv) The change in placement is in accordance with other provisions of this section.” MCL 712A.13b(1).
Unless there is an emergency change in a child’s foster care placement,4 the agency must comply with all of the following requirements before changing the child’s foster care placement:
(1) Notify the State Court Administrative Office (SCAO) of the proposed change;5
(2) Notify the foster parents of the proposed change and inform them that if they disagree with the proposed change, they may appeal within three days to a Foster Care Review Board;
(3) Maintain the current placement for not less than the three days, and if the foster parents do appeal, then maintain the placement until the Foster Care Review Board makes its determination;
(4) Notify the court with jurisdiction over the child of the proposed change;6 and
(5) Notify the child’s lawyer guardian ad litem of the proposed change. MCL 712A.13b(2).
The agency’s notification, which does not affect the DHHS placement discretion, must include all of the following information:
(1) The reason for the change in placement.
(2) The number of times the child’s placement has been changed.
(3) Whether the child will be required to change schools as a result of the placement change.
(4) Whether the change will separate or reunite siblings, or affect sibling visitation. MCL 712A.13b(2)(d).
B.Emergency Change in Foster Care Placement
The agency may change a child’s foster care placement without adhering to the time requirements in MCL 712A.13b(1), or the notice requirements in MCL 712A.13b(2)(b)-(c), where the agency responsible for the child’s care and supervision has reasonable cause to believe that:7
(1) the child has suffered sexual abuse or nonaccidental physical injury while in a foster care placement; or
(2) there is substantial risk of harm to the child’s emotional well-being in the foster care placement. MCL 712A.13b(7).8
The agency must still notify the State Court Administrative Office. MCL 712A.13b(2)(a). The agency must also include documentation in the child’s file that justifies the emergency change in the child’s foster care placement. MCL 712A.13b(7).
The agency must inform the foster parent(s) at the time of removal or immediately thereafter of their option to appeal the change in placement within three days of the child’s removal. MCL 712A.13b(8).9 The agency must also provide the foster parent(s) with the address and telephone number of the Foster Care Review Board (FCRB)10 with jurisdiction over the child. Id.
Note: The foster parent may appeal the change in placement, orally or in writing, to the FCRB within three days after the child’s removal. MCL 712A.13b(7). Although the foster parent may appeal orally, a written appeal must be filed immediately thereafter. Id.
Once removed, a child may not be returned to the foster care placement without a court order or the MCI Superintendent’s approval. MCL 712A.13b(5). “After hearing testimony from the agency and any other interested party and considering any other evidence bearing upon the proposed change in placement, the court shall order the continuation or restoration of the placement unless the court finds that the proposed change in placement is in the child’s best interests.” MCL 712A.13b(6).
1 See Section 8.2 for a detailed discussion of placement options.
2 MCR 3.903(C)(5) defines foster care as “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 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.” MCL 712A.13a(1)(e) contains a substantially similar definition of foster care.”
3 See Section 8.2(A) for a detailed discussion of relative placements.
4 See Section 8.10(B) for a detailed discussion of emergency change in a child’s foster care placement.
5 Notice may be sent by first-class mail or electronically as agreed on by the Department of Health and Human Services (DHHS) and SCAO. MCL 712A.13b(2)(a).
6 Notice may be sent by first-class mail or electronically as agreed on by the DHHS and the court. MCL 712A.13b(2)(d).
7 See Section 8.10(A) for a detailed discussion of MCL 712A.13b(1)-(2).
8 See Section 2.3.
9 See Section 8.11 for a detailed discussion of appeals of foster care placement changes.
10 For an overview of the Foster Care Review Board.