August 1, 2007, Introduced by Senators KAHN, HARDIMAN, JANSEN, JACOBS 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 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.