SB-0671, As Passed Senate, June 27, 2008

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 671

     A bill to amend 1939 PA 288, entitled

"Probate code of 1939,"

by amending section 19 of chapter XIIA (MCL 712A.19), as amended by

2004 PA 477.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER XIIA

Sec. 19. (1) Subject to section 20 of this chapter, if a child

remains under the court's jurisdiction, of the court, a cause may

be terminated or an order may be amended or supplemented, within

the authority granted to the court in section 18 of this chapter,

at any time as the court considers necessary and proper. An amended

or supplemented order shall be referred to as a "supplemental order

of disposition". If the agency becomes aware of additional abuse or

neglect of a child who is under the court's jurisdiction of the

court and if that abuse or neglect is substantiated as provided in

the child protection law, 1975 PA 238, MCL 722.621 to 722.638, the

agency shall file a supplemental petition with the court.

     (2) Except as provided in subsections (3) and (4), if a child

subject to the court's jurisdiction of the court remains in his or

her home, a review hearing shall be held not more than 182 days

from the date a petition is filed to give the court jurisdiction

over the child and no later than every 91 days after that for the

first year that the child is subject to the court's jurisdiction.

of the court. After the first year that the child is subject to the

court's jurisdiction, of the court, a review hearing shall be held

no later than 182 days from the immediately preceding review

hearing before the end of that first year and no later than every

182 days from each preceding review hearing thereafter until the

case is dismissed. A review hearing under this subsection shall not

be canceled or delayed beyond the number of days required in this

subsection, regardless of whether a petition to terminate parental

rights or another matter is pending. Upon motion by any party or in

the court's discretion, a review hearing may be accelerated to

review any element of the case service plan prepared according to

section 18f of this chapter.

     (3) Except as otherwise provided in subsection (4), if, in a

proceeding under section 2(b) of this chapter, a child is subject

to the court's jurisdiction of the court and removed from his or

her home, a review hearing shall be held not more than 182 days

after the child's removal from his or her home and no later than

every 91 days after that for the first year that the child is

subject to the court's jurisdiction. of the court. After the first

year that the child has been removed from his or her home and is

subject to the court's jurisdiction, of the court, a review hearing

shall be held not more than 182 days from the immediately preceding

review hearing before the end of that first year and no later than

every 182 days from each preceding review hearing thereafter until

the case is dismissed. A review hearing under this subsection shall

not be canceled or delayed beyond the number of days required in

this subsection, regardless of whether a petition to terminate

parental rights or another matter is pending. Upon motion by any

party or in the court's discretion, a review hearing may be

accelerated to review any element of the case service plan prepared

according to section 18f of this chapter.

     (4) If a child is under the care and supervision of the agency

and is either placed with a relative and the placement is intended

to be permanent or is in a permanent foster family agreement, the

court shall hold a review hearing not more than 182 days after the

child has been removed from his or her home and no later than every

182 days after that so long as the child is subject to the

jurisdiction of the court, the Michigan children's institute, or

other agency. A review hearing under this subsection shall not be

canceled or delayed beyond the number of days required in this

subsection, regardless of whether a petition to terminate parental

rights or another matter is pending. Upon the motion of any party

or at the court's discretion, a review hearing may be accelerated

to review any element of the case service plan.

     (5) Written notice of a review hearing under subsection (2),

(3), or (4) shall be served upon all of the following:

     (a) The agency. The agency shall advise the child of the

hearing if the child is 11 years of age or older.

     (b) The child's foster parent or custodian. of the child.

     (c) If the parental rights to the child have not been

terminated, the child's parents.

     (d) If the child has a guardian, the guardian for the child.

     (e) If the child has a guardian ad litem, the guardian ad

litem for the child.

     (f) A nonparent adult if the nonparent adult is required to

comply with the case service plan.

     (g) If tribal affiliation has been determined, the elected

leader of the Indian tribe.

     (h) The attorney for the child, the attorneys for each party,

and the prosecuting attorney if the prosecuting attorney has

appeared in the case.

     (i) If the child is 11 years of age or older, the child.

     (j) Other persons as the court may direct.

     (6) At a review hearing under subsection (2), (3), or (4), the

court shall review on the record all of the following:

     (a) Compliance with the case service plan with respect to

services provided or offered to the child and the child's parent,

guardian, custodian, or nonparent adult if the nonparent adult is

required to comply with the case service plan and whether the

parent, guardian, custodian, or nonparent adult if the nonparent

adult is required to comply with the case service plan has complied

with and benefited from those services.

     (b) Compliance with the case service plan with respect to

parenting time with the child. If parenting time did not occur or

was infrequent, the court shall determine why parenting time did

not occur or was infrequent.

     (c) The extent to which the parent complied with each

provision of the case service plan, prior court orders, and an

agreement between the parent and the agency.

     (d) Likely harm to the child if the child continues to be

separated from the child's parent, guardian, or custodian.

     (e) Likely harm to the child if the child is returned to the

child's parent, guardian, or custodian.

     (7) After review of the case service plan, the court shall

determine the extent of progress made toward alleviating or

mitigating the conditions that caused the child to be placed in

foster care or that caused the child to remain in foster care. The

court may modify any part of the case service plan including, but

not limited to, the following:

     (a) Prescribing additional services that are necessary to

rectify the conditions that caused the child to be placed in foster

care or to remain in foster care.

     (b) Prescribing additional actions to be taken by the parent,

guardian, nonparent adult, or custodian, to rectify the conditions

that caused the child to be placed in foster care or to remain in

foster care.

     (8) At a review hearing under subsection (2), (3), or (4), the

court shall determine the continuing necessity and appropriateness

of the child's placement and shall order the return of the child to

the custody of the parent, continue the dispositional order, modify

the dispositional order, or enter a new dispositional order.

     (9) If in a proceeding under section 2(b) of this chapter a

child is placed in foster care, the court shall determine at the

dispositional hearing and each review hearing whether the cause

should be reviewed before the next review hearing required by

subsection (2), (3), or (4). In making this determination, the

court shall consider at least all of the following:

     (a) The parent's ability and motivation to make necessary

changes to provide a suitable environment for the child.

     (b) Whether there is a reasonable likelihood that the child

may be returned to his or her home prior to the next review hearing

required by subsection (2), (3), or (4).

     (10) Unless waived, if not less than 7 days' notice is given

to all parties prior to the return of a child to the child's home,

and no party requests a hearing within the 7 days, the court may

issue an order without a hearing permitting the agency to return

the child to the child's home.

     (11) An agency report filed with the court shall be accessible

to all parties to the action and shall be offered into evidence.

The court shall consider any written or oral information concerning

the child from the child's parent, guardian, custodian, foster

parent, child caring institution, relative with whom a child is

placed, attorney, lawyer-guardian ad litem, or guardian ad litem,

in addition to any other evidence, including the appropriateness of

parenting time, offered at the hearing.

     (12) Reasonable efforts to finalize an alternate permanency

plan may be made concurrently with reasonable efforts to reunify

the child with the family.

     (13) Reasonable efforts to place a child for adoption or with

a legal guardian, including identifying appropriate in-state or

out-of-state options, may be made concurrently with reasonable

efforts to reunify the child and family.