10.2Foster Care Funding

“If the rights of both parents, the surviving parent, or the guardian have been terminated, the court shall issue an order committing the child to the child placing agency or department to which the release was given.” MCL 710.29(8). When a child is committed under MCL 710.29(8), the child is referred to as an Act 296 ward, and “[w]here appropriate, the court may authorize foster care funding following release for a youth committed as a 296 ward.” SCAO Memorandum, AU Case-Type Code and Release to Adopt, p 2. For additional information on MCL 710.29(8), see Section 2.2(E) and Section 2.3(D).

If the child is committed to a child placing agency, the court must authorize foster care funding “pending expiration of the period of appeal or rehearing as provided in [MCL 710.64 and MCL 710.65], and pending disposition of any appeal or rehearing[1] . . . . Foster care funding authorized under this subsection shall exclude the administrative costs of the child placing agency. The costs of foster care shall be paid through the use of the child care fund as provided by . . . the social welfare act, . . . MCL 400.117c, or by any successor statute. When foster care funding is authorized according to this subsection, the court shall send a copy of the order to the department. Upon receiving a copy of this order, the department shall reimburse the court child care fund of the county where the court order for foster care funding was made in the total amount of the court ordered payment. The reimbursement shall be made monthly.” MCL 710.29(9).

1    See Section 7.2 for a detailed discussion of rehearing on a release.