18.6Termination of Jurisdiction

“[I]f the court has exercised jurisdiction over a [child] under [MCL 712A.2(b)], jurisdiction shall continue for a period of 2 years beyond the maximum age of jurisdiction conferred under [MCL 712A.2], unless the [child] is released sooner by court order.” MCL 712A.2a(1). The maximum age of jurisdiction conferred under MCL 712A.2(b) is 18 years. See MCL 712A.2(b).

A.Court Order Terminating Jurisdiction

“The jurisdiction of the court in the child protective proceeding may terminate when a court of competent jurisdiction enters an order:

“(1) terminating the rights of the entity with legal custody and enters an order placing the child for adoption,[1] or

(2)    appointing a juvenile guardian under MCR 3.979 after conducting a review hearing under [MCR 3.979(A)].”2 MCR 3.978(D).

“While courts are authorized to terminate jurisdiction as soon as the child is placed for adoption, SCAO recommends that courts retain jurisdiction until the final adoption order is entered[;] [t]his will allow the court [to] continue its oversight of the case in the event that an adoption is disrupted within the [three or] six month waiting period.”3 SCAO Guideline, Conducting Effective Post-Termination Review Hearings, pp 13-14.

B.Continuation of Child’s Placement

If parental rights have been terminated, the court must continue to review the case while a child is in placement or under the jurisdiction, supervision, or control of the Michigan Children’s Institute.4 MCL 712A.19c(1); MCL 712A.19c(14). If a child has been committed to the Michigan Children’s Institute (MCI), the child may remain a state ward until his or her 19th birthday.5 MCL 400.203(1).

If a child is placed in a child caring institution, children’s camp, or foster family or group home before his or her 18th birthday, that placement may continue after the child’s 18th birthday.6 MCL 722.111(z)(iii).

1    See also MCL 710.51, which permits the court to enter, under the Adoption Code, an order terminating the rights of a person or entity consenting to a child’s adoption and to formally place a child for adoption. See the Michigan Judicial Institute’s Adoption Proceedings Benchbook, Chapter 6, for a detailed discussion of formal placements.

2    See Section 18.5(A) for a detailed discussion of juvenile guardianship appointments.

3    “MCL 710.56 requires a six month waiting period [for an adoptee who is one year of age or older] from the time the child is placed in the adoptive home until the final adoption is entered, unless [the court finds, on the petitioner’s motion, that a waiver of all or a portion of the six-month period is in the child’s best interests or finds, after holding a hearing, that an extension of the six-month period is in the child’s best interests].” SCAO Guideline, Conducting Effective Post-Termination Review Hearings, p 14 n 18. However, if the adoptee is less than one-year old at the time the adoption petition is filed, MCL 710.56(1) requires a three-month waiting period from the time the child is placed in the adoptive home until the final adoption order is entered, unless the court finds, on the petitioner’s motion, that a waiver of all or a portion of the three-month period is in the child’s best interests.

4    “Wherever commitment to the Michigan Children’s Institute is mentioned in any law of this state, it shall be construed to mean commitment to the [DHHS].” MCL 400.203(1).

5   A child may be discharged as a state ward by the DHHS earlier than his or her 19th birthday under MCL 400.208 (unable to place or retain the child in a family home) or MCL 400.209 (child is adopted, married, emancipated, or appointed a juvenile guardian). MCL 400.203(1).

6    Whether a child can continue placement depends on the number of total residents in relation to the number of residents already over the age of 18. See MCL 722.111(z)(iii)(A)-(D).