Navigate Up
Sign In

Post-Termination Review Hearings
(MCR 3.978; MCL 712A.19c)

If a child remains in placement following termination of parental rights, the court must conduct post-termination review hearings to determine the appropriateness of the child’s placement, appropriateness of the permanency plan, and determine whether reasonable efforts are being made to permanently place the child. The court must conduct a post-termination review hearing on a child no later than 91 days after the termination of parental rights and every 91 days thereafter during the first year following termination of parental rights. If a child remains in a placement for more than 1 year following termination of parental rights, a review hearing must be held no later than 182 days from the immediately preceding review hearing before the end of the first year and no later than every 182 days from each preceding review hearing thereafter until the case is dismissed. The court may enter orders as necessary to meet the child’s needs.

 

A judge or attorney referee may conduct a post-termination review hearing. The court has the responsibility to oversee efforts being made to achieve an adoptive placement or other established permanency goal that is consistent with Michigan and federal goals. Permanency goals after termination of parental rights include adoption, juvenile guardianship, permanent placement with a fit and willing relative, or another planned permanent living arrangement. In fulfilling this oversight role, the court should identify the barriers to an adoptive placement, assign responsibilities to resolve these barriers, and, when necessary, consider alternatives for the child’s permanent placement.

 

 Toolkit Information

 
  
Roles and Responsibilities
Statutes, Court Rules, DHS Policies
Benchcard -- Judicial
Notice of Hearing (procedural issue)
Time Requirements (procedural issue)
Reasonable Efforts Findings (procedural issue)
Court Options Following Hearing (procedural issue)
MJI Child Protective Proceedings Benchbook -- Post-Termination Review Hearings
 

 Publications and Administrative Memos

 
  
Conducting Effective Post-Termination Review Hearings
Entire Library
 

 Court Forms

 
  
Request and Order for Review of Referee Recommendation (JC42)
Order After Post-Termination Review/Permanency Planning Hearing (JC76)
Order Appointing Juvenile Guardian (JC91)
 

 Training Information

 
  
Reasonable Efforts (video)
Working with Incarcerated Parents After In re Mason (video)
In re Rood: Reasonable Efforts to Prevent Removal and Timely Reunification (video)
Upcoming and Archived Training Programs