August 1, 2007, Introduced by Senators JACOBS, HARDIMAN, KAHN, JANSEN and BIRKHOLZ and referred to the Committee on Families and Human Services.
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 court that has jurisdiction over the child.
(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. Notice
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.
(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 guardian ad litem of the change in placement.
Notice 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.