HB-4118, As Passed House, March 26, 2009

SUBSTITUTE FOR

HOUSE BILL NO. 4118

     A bill to amend 1994 PA 203, entitled

"Foster care and adoption services act,"

by amending section 4a (MCL 722.954a), as added by 1997 PA 172.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 4a. (1) If a child has been placed in a supervising

agency's care under chapter XIIA of the probate code of 1939, 1939

PA 288, MCL 712A.1 to 712A.32, the supervising agency shall comply

with this section and sections 4b and 4c.

     (2) Upon removal, as part of a child's initial case service

plan as required by rules promulgated under 1973 PA 116, MCL

722.111 to 722.128, and by section 18f of chapter XIIA of the

probate code of 1939, 1939 PA 288, MCL 712A.18f, the supervising

agency shall, within 30 days, identify, locate, notify, and consult

with relatives to determine placement with a fit and appropriate

relative who would meet the child's developmental, emotional, and

physical needs. as an alternative to foster care.

     (3) The notification of relatives required in subsection (2)

shall do all of the following:

     (a) Specify that the child has been removed from the custody

of the child’s parent.

     (b) Explain the options the relative has to participate in the

care and placement of the child, including any option that may be

lost by failing to respond to the notification.

     (c) Describe the requirements and benefits, including the

amount of monetary benefits, of becoming a licensed foster family

home.

     (d) Describe how the relative may subsequently enter into an

agreement with the department for guardianship assistance.

     (4) Not more than 90 days after the child's removal from his

or her home, the supervising agency shall do all of the following:

     (a) Make a placement decision and document in writing the

reason for the decision.

     (b) Provide written notice of the decision and the reasons for

the placement decision to the child's attorney, guardian, guardian

ad litem, mother, and father; the attorneys for the child's mother

and father; each relative who expresses an interest in caring for

the child; the child if the child is old enough to be able to

express an opinion regarding placement; and the prosecutor.

(5) Before determining placement of a child in its care, a

supervising agency shall give special consideration and preference

to the child's relatives. If a supervising agency determines that a

child's relative is willing to care for the child, is fit to do so,

and would meet the child's developmental, emotional, and physical

needs, the child shall be placed in that relative's home unless

that placement is determined to be not in the child's best

interests. The department and a supervising agency shall implement

this subsection in compliance with a consent decree that is in

force on the effective date of the 2009 amendatory act that added

this subsection.

     (6) (3) A person who receives a written decision described in

subsection (2) (4) may request in writing, within 5 days,

documentation of the reasons for the decision, and if the person

does not agree with the placement decision, he or she may request

that the child's attorney review the decision to determine if the

decision is in the child's best interest. If the child's attorney

determines the decision is not in the child's best interest, within

14 days after the date of the written decision the attorney shall

petition the court that placed the child out of the child's home

for a review hearing. The court shall commence the review hearing

not more than 7 days after the date of the attorney's petition and

shall hold the hearing on the record.