8.12Review of Placement and Initial Service Plan

On any party’s motion, the court must review custody orders, placement orders, and Initial Service Plans and may modify these orders and plans if it is in the child’s best interests. MCL 712A.13a(17); MCR 3.966(A)(1). If the court receives a request for a child’s removal from his or her parent(s), guardian, or legal custodian, “at the hearing on the motion, the court shall follow the placement procedures in MCR 3.965(B) and [MCR 3.965](C).”¹ MCR 3.966(A)(1).

Note: In child protective proceedings, MCR 3.903(A)(19)(b) defines party to include “the petitioner, child, and respondent” and “the parent, guardian, or legal custodian.”

If a child is removed from the home before the dispositional phase is complete, “the court shall conduct a dispositional hearing in accordance with MCR 3.973.”² MCR 3.966(A)(2).

A.Petition for Review of Placement Decision

Not more than 90 days after the child’s removal, the supervising agency must make a placement decision, document the reasons for the decision in writing, and provide notice of the placement decision.³ MCL 722.954a(4).

A person receiving the supervising agency’s notice of the placement decision “may request in writing, within 5 days, documentation of the reasons for the decision[.]” MCL 722.954a(9). If the person disagrees with the supervising agency’s placement decision, he or she may request the child’s attorney to review the supervising agency’s decision to determine whether the placement decision is in the child’s best interest. Id. If the child’s attorney determines that the supervising agency’s placement decision is not in the child’s best interest, the attorney must, within 14 days following the date of the decision, petition the court that ordered the out-of-home placement for a review hearing. Id.; MCR 3.966(B)(1)(e), (2).

Within seven days of the date of the petition, the court must begin a review hearing; the hearing must be on the record. MCR 3.966(B)(3). The court may review the supervising agency’s placement decision once all of the following have been met:

“(a)    a child has been removed from the home;

(b)    the supervising agency has made a placement decision after identifying, locating, and consulting with relatives to determine placement with a fit and appropriate relative who would meet the child’s developmental, emotional, and physical needs as an alternative to nonrelative foster care;

      (c)    the supervising agency has provided written notice of the placement decision;

      (d)    a person receiving notice has disagreed with the placement decision and has given the child’s lawyer-guardian ad litem written notice of the disagreement within 5 days of the date on which the person receives notice; and

(e)    the child’s lawyer-guardian ad litem determines the decision is not in the child’s best interest.” MCR 3.966(B)(1).

B.Review of Placement in a Qualified Residential Treatment Program

“Within 45 days of the child’s initial placement in a qualified residential treatment program, the Agency shall file an ex parte motion requesting the court to approve or disapprove of the placement.” MCR 3.966(D)(1). The motion must contain the qualified individual’s assessment, determination, and documentation made by the qualified individual. MCR 3.966(D)(1)(a). “The Agency shall serve the ex parte motion and accompanying documentation on all parties.” MCR 3.966(D)(1)(b). See also MCL 722.123a(3) (requiring court or its appointed administrative body to approve or disapprove the placement).“The court is not required to hold a hearing on the ex parte motion under [MCR 3.966(D)].” MCR 3.966(D).

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. Id.; MCL 722.123a(3)(c). The order issued must include a court’s or an 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 must serve all parties with the order. MCR 3.966(D).

C.Usage of Videoconferencing Technology

The use of videoconferencing technology to conduct review hearings in child protective proceedings is governed by MCR 3.904(B). See Section 1.7.