SB-0670, As Passed House, June 26, 2008

SUBSTITUTE FOR

SENATE BILL NO. 670

     A bill to amend 1939 PA 288, entitled

"Probate code of 1939,"

by amending section 13b of chapter XIIA (MCL 712A.13b), as amended

by 2004 PA 475.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER XIIA

     Sec. 13b. (1) If a child under the court's jurisdiction under

section 2(b) of this chapter, or under MCI jurisdiction, control,

or supervision, is placed in foster care, the agency shall not

change the child's placement except under 1 of the following

circumstances:

     (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.

     (iv) The change in placement is in accordance with other

provisions of this section.

     (2) Except as provided in subsections (1) and (7), before a

change in foster care placement takes effect, the agency shall do

all of the following:

     (a) Notify the state court administrative office of the

proposed change in placement. Notice under this subdivision may be

given by ordinary mail or by electronic means as agreed by the

department and the state court administrative office.

     (b) Notify the foster parents of the intended change in

placement and inform them that, if they disagree with the decision,

they may appeal within 3 days to a foster care review board. A

foster parent may appeal orally, but must submit the appeal in

writing immediately following the oral appeal. The agency shall

provide the foster parents with the address and telephone number of

a foster care review board with jurisdiction over the child.

     (c) Maintain the current placement for not less than the time

for appeal to the foster care review board and if a foster parent

appeals, until the foster care review board determination.

     (d) Notify the court with jurisdiction over the child and

notify the child's lawyer guardian ad litem of the change in

placement. Notice to the court under this subdivision may be given

by ordinary mail or by electronic means as agreed by the department

and the court that has jurisdiction over the child. The notice

provided under this subdivision does not affect the department's

placement discretion and shall include all of the following

information:

     (i) The reason for the change in placement.

     (ii) The number of times the child's placement has been

changed.

     (iii) Whether or not the child will be required to change

schools.

     (iv) Whether or not the change will separate or reunite

siblings or affect sibling visitation.

     (3) Upon receipt of an appeal from foster parents under

subsection (2) or (7), the foster care review board shall

investigate the change in foster care placement within 7 days and

shall report its findings and recommendations within 3 days after

completion of the investigation to the court or, if the child is

under MCI jurisdiction, control, or supervision, the MCI

superintendent, to the foster care parents, to the parents, and to

the agency.

     (4) If after investigation the foster care review board

determines that the move is in the child's best interests, the

agency may move the child.

     (5) If after investigation the foster care review board

determines that the move is not in the child's best interest, the

agency shall maintain the current placement until a finding and

order by the court or, if the child is under MCI jurisdiction,

control, or supervision, a decision by the MCI superintendent. The

agency shall not return a child to a placement from which the child

was removed under subsection (7) unless the court orders that

placement's restoration under subsection (6) or the MCI

superintendent approves that placement's restoration under this

subsection. The foster care review board shall notify the court, or

if the child is under MCI jurisdiction, control, or supervision,

the MCI superintendent, about the board's and agency's

disagreement. The court shall set a hearing date and provide notice

to the foster parents, each interested party, and the prosecuting

attorney if the prosecuting attorney has appeared in the case. The

court shall set the hearing no sooner than 7 and no later than 14

days after receipt of the notice from the foster care review board.

The rules of evidence do not apply to a hearing required by this

subsection. Within 14 days after notification under this

subsection, the MCI superintendent shall make a decision regarding

the child's placement and shall inform each interested party what

the decision is.

     (6) 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.

     (7) If the agency has reasonable cause to believe that the

child has suffered sexual abuse or nonaccidental physical injury,

or that there is substantial risk of harm to the child's emotional

well-being, the agency may change the child's foster care placement

without complying with subsection (1) or (2)(b) or (c). The agency

shall include in the child's file documentation of its

justification for action under this subsection. If a foster parent

objects to the removal of a child under this subsection, he or she

may appeal to the foster care review board within 3 days after the

child's removal. The foster parent may appeal orally, but must

submit the appeal in writing immediately following the oral appeal.

     (8) At the time of or immediately following a child's removal

under subsection (7), the agency shall inform the foster parents

about the removal and that, if they disagree with the decision,

they may appeal within 3 days to a foster care review board in the

manner provided in subsection (7). The agency shall provide the

foster parents with the address and telephone number of a foster

care review board with jurisdiction over the child.