January 22, 2009, Introduced by Rep. Polidori and referred to the Committee on Families and Children's Services.
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, 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. 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.
(3) 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.
(4)
(3) A person who receives a written decision described
in
subsection (2) 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.