Michigan Laws 712A.18f – Report; preparation and contents of case service plan; order of disposition; updating and revising case service plan; rules; review by child’s physician in case of abuse and neglect; testimony
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Terms Used In Michigan Laws 712A.18f
- Court: means the family division of circuit court. See Michigan Laws 712A.1
- Department: means the department of health and human services. See Michigan Laws 712A.1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Testify: Answer questions in court.
(1) If, in a proceeding under section 2(b) of this chapter, an agency advises the court against placing a child in the custody of the child’s parent, guardian, or custodian, the agency shall report in writing to the court what efforts were made to prevent the child’s removal from his or her home or the efforts made to rectify the conditions that caused the child’s removal from his or her home. The report shall include all of the following:
(a) If services were provided to the child and his or her parent, guardian, or custodian, the services, including in-home services, that were provided.
(b) If services were not provided to the child and his or her parent, guardian, or custodian, the reasons why services were not provided.
(c) Likely harm to the child if the child were to be separated from his or her parent, guardian, or custodian.
(d) Likely harm to the child if the child were to be returned to his or her parent, guardian, or custodian.
(2) Before the court enters an order of disposition in a proceeding under section 2(b) of this chapter, the agency shall prepare a case service plan that shall be available to the court and all the parties to the proceeding.
(3) The case service plan shall provide for placing the child in the most family-like setting available and in as close proximity to the child’s parents’ home as is consistent with the child’s best interests and special needs. The case service plan shall include, but is not limited to, the following:
(a) The type of home or institution in which the child is to be placed and the reasons for the selected placement.
(b) Efforts to be made by the child’s parent to enable the child to return to his or her home.
(c) Efforts to be made by the agency to return the child to his or her home.
(d) Schedule of services to be provided to the parent, child, and if the child is to be placed in foster care, the foster parent, to facilitate the child’s return to his or her home or to facilitate the child’s permanent placement.
(e) Except as otherwise provided in this subdivision, unless parenting time, even if supervised, would be harmful to the child as determined by the court under section 13a of this chapter or otherwise, a schedule for regular and frequent parenting time between the child and his or her parent, which shall not be less than once every 7 days.
(f) Efforts to be made by the supervising agency to provide frequent in-person visitation or other ongoing interaction between siblings unless the court determines under section 13a of this chapter that sibling visitation or contact will not be beneficial to 1 or more of the siblings.
(g) Conditions that would limit or preclude placement or parenting time with a parent who is required by court order to register under the sex offenders registration act.
(4) Before the court enters an order of disposition, the court shall consider the case service plan; any written or oral information offered concerning the child from the child’s parent, guardian, custodian, foster parent, child caring institution, relative with whom the child is placed, lawyer-guardian ad litem, attorney, or guardian ad litem; and any other evidence offered, including the appropriateness of parenting time, which information or evidence bears on the disposition. The order of disposition shall state whether reasonable efforts have been made to prevent the child’s removal from his or her home or to rectify the conditions that caused the child’s removal from his or her home. The court may order compliance with all or any part of the case service plan as the court considers necessary.
(5) If a child continues in placement outside of the child’s home, the case service plan shall be updated and revised at 90-day intervals as required by the rules promulgated under 1973 PA 116, MCL 722.111 to 722.128. The agency shall consult with the foster parents when it updates and revises the case service plan, and shall attach a statement summarizing the information received from the foster parents to the updated and revised case service plan. Updated and revised case service plans shall be available to the court and all the parties to the proceeding. Within 10 days after receipt of a written request, the agency shall provide the person who is providing the foster care with the information itemized in section 13a(17) of this chapter.
(6) To ensure that the case service plan addresses the child’s medical needs in relation to abuse and neglect, the department shall review a child’s case with the child’s attending physician of record during a hospitalization or with the child’s primary care physician, but only if a physician has diagnosed the child’s abuse or neglect as involving 1 or more of the following:
(a) Failure to thrive.
(b) Munchausen syndrome by proxy.
(c) Shaken baby syndrome.
(d) A bone fracture that is diagnosed as being the result of abuse or neglect.
(e) Drug exposure.
(7) If a child is placed outside of his or her home and the department is required to review the child’s case with a physician under subsection (6), then in a judicial proceeding to determine if the child is to be returned to his or her home, the court must allow the child’s attending physician of record during a hospitalization or the child’s primary care physician to testify regarding the case service plan. The court shall notify each physician of the hearing’s time and place.