HB-4976, As Passed House, May 12, 2016

SUBSTITUTE FOR

HOUSE BILL NO. 4976

A bill to amend 1994 PA 203, entitled

"Foster care and adoption services act,"

by amending section 3 (MCL 722.953), as amended by 2014 PA 524, and

by adding section 8b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 3. The purposes of this act are all of the following:

(a) To assist foster parents to provide a stable, loving

family environment for children who are placed outside of their

homes on a temporary basis.

(b) To help eliminate barriers to the adoption of children and

to promote the provision of a stable and loving family environment

to children who are without permanent families.

receive foster care or are adopted under the laws of this state.

(d) To protect and assist prospective adoptive families as

they negotiate the adoption process.

(e) To regulate child placing agencies who certify foster

parents and serve adoptees and adoptive families in this state.

(f) To regulate adoption attorneys who facilitate direct

placement adoptions.

(g) To ensure foster parents and prospective adoptive parents

receive all applicable resources as described in section 8a.

(h) To ensure that the department develops and maintains a

specific policy of the provisions described in sections 8b, 8c, and

8d to provide to children placed in foster care. The specific

policy described in sections 8b, 8c, and 8d shall be known as the

children's assurance of quality foster care policy.

Sec. 8b. (1) The department shall ensure that the children's

assurance of quality foster care policy is developed, implemented

by the supervising agency, and made available to the public.

(2) The department shall promote the participation of current

and former foster children in developing the children's assurance

of quality foster care policy.

(3) The children's assurance of quality foster care policy

shall ensure that children placed in foster care are provided with

the following:

(a) Fair, equal, and respectful treatment, including treatment

that does not violate the provisions of the Elliott-Larsen civil

rights act, 1976 PA 453, MCL 37.2101 to 37.2804.

(b) Placement with relatives and siblings, when appropriate,

as provided in section 4a(5).

belongings.

(d) Transition planning, including housing, workforce

preparation, financial education, access to personal documents,

information regarding secondary education and postsecondary

education, and independent living preparation, as age-appropriate.

(e) Ongoing contact and visits with parents, relatives, and

friends, if permitted by the court.

(f) Access to advocacy services for foster children with

disabilities.

(g) Timely enrollment in school with consistent placement in

the same school, when possible.

(h) Participation in extracurricular activities consistent

with the foster child's age and developmental level, as allowed by

the supervising agency's resources.

(i) Placement in the least restrictive setting, appropriate to

the foster child's needs, free from abuse or excessive physical

restraint, discrimination, harassment, corporal punishment, mental

anguish, or any other form of physical force or mental deprivation.

If discipline is required, and physical restraint has been used by

a child caring institution, the child caring institution shall

provide a detailed report of the incident to the department. As

used in this subdivision, "child caring institution" means that

term as defined in section 1 of 1973 PA 116, MCL 722.111.

(j) Access to and receipt of information and services,

including necessary medical, emotional, psychological, psychiatric,

and educational evaluations and treatment, as soon as practicable

after identifying the need for services by the screening and

assessment process.

(k) Access to and participation in religious activities,

cultural activities, or both.

(l) Adequate food, necessities, and shelter, including special

dietary needs, school supplies, clothing, and hygiene products.

(m) Information regarding proposed placement, as age-

appropriate.

(n) A permanency plan, as required by state and federal law,

that is designed to facilitate the permanent placement or return

home of a foster child in a timely manner.

(4) The department shall maintain a written policy describing

the grievance procedure for foster children to address any

perceived noncompliance with the items listed in the children's

assurance of quality foster care policy. The grievance procedure

shall include information on how and where to file a grievance,

including contact information for the department's office of family

advocate, on a form approved by the department.

(5) A foster child may file a grievance with the supervising

agency regarding the perceived noncompliance with any of the items

listed in the children's assurance of quality foster care policy as

outlined in the supervising agency's grievance policy described in

subsection (4). Within 30 days after receiving the grievance, the

supervising agency shall respond with a written statement of how

the foster child's grievance will be addressed. If the supervising

agency does not provide a written response within 30 days after the

grievance is filed with the supervising agency or if the foster

child does not agree with the findings in the written response, the

foster child may contact the department's office of family

advocate.

(6) If the grievance is not resolved with the assistance of

the department's office of family advocate, the foster child may

request that his or her lawyer-guardian ad litem petition the court

for the appropriate relief.

(7) The sole remedy that may be provided under this section is

limited to injunctive relief.

(8) The department shall implement the children's assurance of

quality foster care policy no later than 90 days after the

effective date of the amendatory act that added this section.

Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 98th Legislature are

enacted into law:

(a) House Bill No. 4977.

(b) House Bill No. 4978.