September 10, 2015, Introduced by Senators JONES and SHIRKEY and referred to the Committee on Families, Seniors and Human Services.
A bill to amend 1994 PA 203, entitled
"Foster care and adoption services act,"
by amending sections 2 and 4a (MCL 722.952 and 722.954a), section 2
as amended by 1997 PA 172 and section 4a as amended by 2010 PA 265.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Adoptee" means a child who is to be adopted or who is
adopted.
(b) "Adoption attorney" means that term as defined in section
22 of the adoption code, MCL 710.22.
(c) "Adoption code" means the Michigan adoption code, chapter
X of 1939 PA 288, MCL 710.21 to 710.70.
(d) "Adoption facilitator" means a child placing agency or an
adoption attorney.
(e) "Adoptive parent" means the parent or parents who adopt a
child in accordance with the adoption code.
(f) "Agency placement" means that term as defined in section
22 of the adoption code, MCL 710.22.
(g) "Child placing agency" means that term as defined in
section 1 of 1973 PA 116, MCL 722.111.
(h)
"Department" means the family independence
agency.department of health and human services.
(i) "Direct placement" means that term as defined in section
22 of the adoption code, MCL 710.22.
(j) "Foster care" means a child's placement outside the
child's parental home by and under the supervision of a child
placing agency, the court, the department, or the department of
community health.
(k) "Preplacement assessment" means an assessment of a
prospective adoptive parent as described in section 23f of the
adoption code, MCL 710.23f.
(l) "Siblings" means children who have 1 or more parents in
common. The relationship can be biological or through adoption and
includes siblings as defined by the American Indian or Alaskan
Native child's tribal code or custom.
(m) (l) "Supervising
agency" means the department if a child is
placed in the department's care for foster care, or a child placing
agency in whose care a child is placed for foster care.
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.
(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 a child's relative or relatives who are willing to care for the
child, are fit to do so, and would meet the child's developmental,
emotional, and physical needs. The supervising agency's placement
decision shall be made in the best interests of the child.
(6) Reasonable efforts shall be made to do the following:
(a) Place siblings removed from their home in the same foster
care, kinship guardianship, or adoptive placement, unless the
supervising agency documents that a joint placement would be
contrary to the safety or well-being of any of the siblings.
(b) In the case of siblings removed from their home who are
not jointly placed, provide for frequent visitation or other
ongoing interaction between the siblings, unless the supervising
agency documents that frequent visitation or other ongoing
interaction would be contrary to the safety or well-being of any of
the siblings.
(7) If siblings cannot be placed together or not all the
siblings are being placed in foster care, the supervising agency
shall make reasonable efforts to facilitate sibling visitation or
contact with siblings unless a court has determined that visitation
or contact would not be beneficial under section 13a(15) of chapter
XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.13a.
(8) (6)
A person who receives a written
decision described in
subsection (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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 483
of the 98th Legislature is enacted into law.