SB-0482, As Passed Senate, December 8, 2015

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 482

 

 

 

 

 

 

 

 

 

 

 

 

     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) "Sibling" means a child who is related through birth or

 

adoption by at least 1 common parent. Sibling includes that term 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 at least monthly visitation or

 

other ongoing contact between the siblings, unless the supervising

 

agency documents that at least monthly visitation or other ongoing

 

contact 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 at least monthly

 

visitation or other ongoing contact with siblings unless a court

 

has determined that at least monthly visitation or other ongoing

 

contact with siblings would not be beneficial under section 13a(15)

 

of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL

 

712A.13a.

 

     (8) If the supervising agency discontinues visitation or other

 

ongoing contact with siblings because the supervising agency

 

determines that visitation or other ongoing contact is contrary to

 

the safety or well-being of any of the siblings, the supervising

 

agency shall report its determination to the court for

 

consideration at the next review hearing.

 

     (9) (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.