Michigan Laws 722.137 – Powers and duties of local board
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(1) A local board shall do all of the following:
(a) Review each initial placement plan submitted under section 6 for a child in foster care. The review shall be to determine whether the placement plan for the child contains at least all of the following information:
Terms Used In Michigan Laws 722.137
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Child care organization: means a child caring institution or a child placing agency as defined in section 1 of Act No. See Michigan Laws 722.131
- Foster care: means care provided to a child on a 24-hour basis either by a child care organization or by a person or organization appointed by the juvenile division of the probate court, either temporarily or permanently, to provide court supervised child care, pursuant to any of the following:
(i) An order of the juvenile division of the probate court if the court acquired jurisdiction over the child pursuant to section 2(b)(1) or (2) of chapter XIIA of Act No. See Michigan Laws 722.131Interested party: means any of the following:
(i) A biological parent whose parental rights have not been terminated. See Michigan Laws 722.131Local board: means a local foster care review board created under section 4. See Michigan Laws 722.131 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
(i) The purpose for which the child has been placed in foster care and the reason that the child cannot be returned to his or her home immediately.
(ii) The length of time in which the purpose of foster care will be accomplished.
(iii) An assessment of the involvement of the legal parent and steps taken by the child care organization to involve the legal parent in the planning and implementation of the plan.
(iv) A description of the services which have been and are to be provided in order for the purpose of foster care to be accomplished.
(v) The number of foster care placements the child has experienced while in foster care, and the length of time of each foster care placement.
(vi) The person within the child care organization who is directly responsible for assuring that the plan is implemented.
(vii) The type of permanent placement recommended for the child.
(b) Review progress reports submitted under section 6(b) every 6 months following the initial review to determine whether the purpose for which the child has been placed in foster care, as described in the initial placement plan, is being achieved, and whether the plan continues to be appropriate, based on a review of all of the following:
(i) An assessment of the extent to which the child care organization is accomplishing the purpose of foster care as described in the placement plan.
(ii) Identification of the person within the child care organization who is directly responsible for assuring that the placement plan is implemented.
(iii) The length of time the child has been in foster care.
(iv) The number of foster care placements the child has experienced while in foster care and the length of time of each foster care placement.
(v) An assessment of the involvement of the legal parent and steps taken by the child care organization to involve the legal parent in planning and implementation of the plan.
(c) Whenever practicable, conduct reviews and submit reports, as required under subdivision (e), before the judicial review or rehearing mandated in section 19 of chapter XIIA of 1939 PA 288, MCL 712A.19.
(d) Review, at any time considered necessary by the local board, or at the request of the court or an interested party, the case and information submitted by a child care organization under section 6.
(e) Submit to the child care organization that submitted the initial placement plan and progress report and, if applicable, to the court, within 30 days after a review under subdivision (a) or (b), a written statement of findings and recommendations regarding the care, maintenance, and supervision of a child in foster care and the plan for permanent placement of the child. A copy of the statement may be sent to all interested parties. The local board may give information or file a petition for court action or rehearing under section 11 or 21 of chapter XIIA of 1939 PA 288, MCL 712A.11 and 712A.21.
(f) Hear an appeal of a proposed change in foster care placement as provided in section 13b of chapter XIIA of 1939 PA 288, MCL 712A.13b, and report to the court as required by that section.
(g) As part of the ongoing review process, select permanent wards for review from all of the following categories:
(i) Wards who are registered with the Michigan adoption resource exchange and who have been on hold status for not less than 12 months.
(ii) Wards who have not been registered with the Michigan adoption resource exchange, have been permanent wards for not less than 6 months, and do not have a documented permanency plan in place.
(iii) Wards who are less than 12 years of age and have been listed in the Michigan adoption resource exchange photo listing book for more than 6 months and for whom no family has been identified.
(h) Perform those duties necessary to implement this act.
(2) A local board may limit the review to a written report or request a personal appearance of an interested party, as considered necessary by the local board.
(3) If interested parties are provided with a copy of the findings and recommendations of the local board, the local board shall allow the interested parties to submit written comments. Upon approval of a local board, an interested party may make a personal appearance before the local board in connection with the foster care case.
(4) A local board may make recommendations to the state court administrative office regarding issues in foster care policy and procedure and the functions of child care organizations and the court.
(5) A local board shall compile and maintain statistics and make findings regarding its reviews of permanent wards under subsection (1)(g), including, but not limited to, identification of any barriers to permanency.
(6) The Michigan adoption resource exchange shall cooperate with the foster care review board program and submit copies of their file material and registration documentation as requested by the foster care review board program.