Sec. 18f.
(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.
History: Add. 1988, Act 224, Eff. Apr. 1, 1989 ;-- Am. 1994, Act 264, Eff. Jan. 1, 1995 ;-- Am. 1996, Act 16, Eff. June 1, 1996 ;-- Am. 1997, Act 163, Eff. Mar. 31, 1998 ;-- Am. 1998, Act 479, Eff. Mar. 1, 1999 ;-- Am. 1998, Act 480, Eff. Mar. 1, 1999 ;-- Am. 1999, Act 25, Imd. Eff. May 18, 1999 ;-- Am. 2012, Act 115, Imd. Eff. May 1, 2012 ;-- Am. 2016, Act 191, Eff. Sept. 19, 2016 Popular Name: Probate CodePopular Name: Juvenile CodeAdmin Rule: R 400.6101 et seq. of the Michigan Administrative Code.
Structure Michigan Compiled Laws
Chapters 701 - 713 - Probate Code
Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6)
Section 712A.1 - Definitions; Proceedings Not as Criminal Proceedings; Construction of Chapter.
Section 712A.2 - Authority and Jurisdiction of Court.
Section 712A.2b - Violation of Vehicle Code or Corresponding Ordinance; Procedure.
Section 712A.2e - Waiver of Jurisdiction Over Civil Infractions; Agreement.
Section 712A.4 - Waiver of Jurisdiction When Child of 14 or Older Accused of Felony.
Section 712A.5 - Jurisdiction Over Juvenile After 19 Years of Age.
Section 712A.6 - Jurisdiction; Adults.
Section 712A.6a - Hearing; Attendance by Parent or Guardian Required; Exception; Failure to Attend.
Section 712A.6b - Order Affecting Nonparent Adult.
Section 712A.8 - County Agent; Creation of Office; Duties; Assistants.
Section 712A.10 - Designation of Probation Officer or County Agent as Referee; Duties of Referee.
Section 712A.12 - Examination of Child; Hearing; Summons.
Section 712A.13 - Service of Summons.
Section 712A.13b - Change in Foster Care Placement.
Section 712A.14b - Ex Parte Order Authorizing Immediate Protective Custody of Child.
Section 712A.16 - Detention and Care of Juvenile.
Section 712A.16a - Repealed. 1963, Act 214, Imd. Eff. May 17, 1963.
Section 712A.17a - Hearing; Record; Transcription.
Section 712A.17d - Lawyer-Guardian Ad Litem; Powers and Duties.
Section 712A.18a - Placement or Commitment of Ward of the Court to Out-of-State Institutions.
Section 712A.18b - Reimbursement Order; Failure to Comply, Contempt of Court; Assignment of Wages.
Section 712A.18g - Commitment Under MCL 712a.18(1)(e).
Section 712A.18h - Commitment to Department of Corrections Prohibited; Exception.
Section 712A.18i - Delay in Sentencing.
Section 712A.18j - Escape by Juvenile From Facility or Residence; Notification; “Escape” Defined.
Section 712A.18l - Evaluation of Juvenile for Psychiatric or Psychological Treatment; Court Order.
Section 712A.18m - Payment of Costs; Minimum Amounts; Disposition; Definitions.
Section 712A.18q - Competency Hearing.
Section 712A.20 - Temporary or Permanent Custody.
Section 712A.22 - Annual Report.
Section 712A.23 - Use of Evidence Against Juvenile.
Section 712A.25 - Payment of Expenses.
Section 712A.26 - Contempt of Court; Punishment.
Section 712A.27 - Quarters, Equipment and Supplies for Use of Juvenile Division.
Section 712A.29 - Allocation and Application of Money Collected; “Victim Payment” Defined.
Section 712A.30 - “Offense” and “Victim” Defined; Order of Restitution.