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Dispositional Review Hearings
(MCR 3.974/3.975 / MCL 712A.19)

A dispositional review hearing is conducted to permit court review of the progress made to comply with any order of disposition and case service plan, and court evaluation of the continued need and appropriateness for the child to be in foster care. If the child is not removed from home, the hearing determines the family’s progress toward rectifying the conditions that brought the child within the court’s jurisdiction. If the child is in foster care, dispositional review hearings must be held within 182 days from removal of the child, and every 91 days thereafter for the first year, then every 182 days thereafter as long as the child is under the jurisdiction of the court. This frequent case review activity places a strong emphasis on removing barriers and promoting timely reunification. Upon motion by any party, or in the court’s discretion, the court may determine that there is an advantage to review the case sooner than required or to return a child to the parental home with timely notice but without a hearing. The law allows efforts to finalize an alternative permanency plan (e.g., guardianship or adoption) to be made concurrently with efforts to reunify the child with the family. Children’s unique sense of time should be considered during all phases of a child protective case in making out-of-home placements and efforts to reunify.

 

A judge or attorney referee may conduct a dispositional review hearing. The court must make three basic determinations at this hearing. The first is the extent of compliance with the treatment plan, taking into account the child’s needs, the parent’s capabilities, and the frequency and quality of parenting time. The second is the extent to which the conditions that caused the child’s placement have been alleviated or mitigated. The third is the necessity and appropriateness of continuing the child’s out-of-home placement.

 

 Toolkit Information

 
  
Notice of Hearing (procedural issue)
Time Requirements (procedural issue)
Applicable Rules of Evidence (procedural issue)
Review of Case Service Plan (procedural issue)
Dispositional Review Orders (procedural issue)
Review of Referee Recommendations (procedural issue)
Roles and Responsibilities
Statutes, Court Rules, DHS Policies
MJI Child Protective Proceedings Benchbook -- Dispositional Review Hearings
Benchcard -- Judicial
 

 Publications & Administrative Memos

 
  
Parents Attorney Protocol
Absent Parent Protocol
Livingston County Parent Handbook
Entire Library
Psychotropic Medication and Children in Foster Care
 

 Court Forms

 
  
Order Following Dispositional Review/Permanency Planning Hearing (JC19)
Waiver of Summons/Notice of Hearing (JC23)
Request and Order for Review of Referee Recommendation (JC42)
 

 Training Information

 
  
Standardized Court Reports: Improving Consistency and Efficiency in Child Welfare Cases (video)
MichiganSubstance Abuse/Child Welfare Protocol for Screening, Assessment, Family Engagement for Retention and Recovery (video)
Reasonable Efforts (video)
Concurrent Planning: Overview of Principles and Methods (video)
Archived Materials and Upcoming Programs