4.7Review Hearings For Limited Guardianship and Court-Structured Guardianship Placement Plans
Once the Probate Court grants a petition for a full or limited guardianship, it may review the guardianship at any time it deems necessary. MCL 700.5207(1). However, if the child is under the age of six, the court must review the guardianship annually. Id.
The court itself may conduct the review or it may order the DHHS or a court employee or agent to conduct an investigation of the guardianship and provide the court with a written report of the factors that must be considered in conducting the review. MCL 700.5207(1)-(2).
The following factors must be considered when reviewing a guardianship:
“(a) The parent’s and guardian’s compliance with either of the following, as applicable:
(i) A limited guardianship placement plan.
(ii) A court-structured plan under [MCL 700.5207(3)(b)(ii)(B)] or [MCL 700.5209(2)(b)(ii)].
(b) Whether the guardian has adequately provided for the minor’s welfare.
(c) The necessity of continuing the guardianship.
(d) The guardian’s willingness and ability to continue to provide for the minor’s welfare.
(e) The effect upon the minor’s welfare if the guardianship is continued.
(f) Any other factor that the court considers relevant to the minor’s welfare.” MCL 700.5207(1)(a)-(f).
B.Completion of Guardianship Review
After the guardianship review is completed, the court may take either of the following actions:
“(a) Continue the guardianship.
(b) Schedule and conduct a hearing on the guardianship’s status and do any of the following:
(i) If the guardianship is a limited guardianship, do either of the following:
(A) Continue the limited guardianship.
(B) Order the parties to modify the limited guardianship placement plan as a condition to continuing the limited guardianship.
(ii) If the guardianship was established under [MCL 700.5204],1 do either of the following:
(A) Continue the guardianship.
(B) Order the parties to follow a court-structured plan designed to resolve the conditions identified at the review hearing.
(iii) Take an action described in [MCL 700.5209(2)].”2 MCL 700.5207(3)(a)-(b).
1 MCL 700.5204 permits a person interested in the child’s welfare or the child, if 14 years of age or older, to petition for a court-appointed guardian.
2 MCL 700.5209(2) specifies conditions under which the guardianship may be terminated and the child may be reintegrated into his or her home.