15.3Time Requirements

A.Review Hearings for Children Currently or Previously in Foster Care

For children placed in foster care (even if subsequently returned home), the court must conduct a dispositional review hearing “not more than 182 days after the child’s removal from his or her home and no later than every 91 days after that for the first year that the child is subject to the court’s jurisdiction.” MCL 712A.19(3);¹ MCR 3.974(A)(2) (requiring the court to follow procedures in MCR 3.975 in cases where the child was placed outside the home then subsequently returned home); MCR 3.975(C)(1). “After the first year that the child has been removed from his or her home and is subject to the court’s jurisdiction, a review hearing must be held not more than 182 days from the immediately preceding review hearing before the end of that first year and no later than every 182 days from each preceding review hearing after that until the case is dismissed.” MCL 712A.19(3). See also MCR 3.975(C)(1) (containing substantially similar language). For cases involving children who were in foster care and subsequently returned home, “[t]he review shall occur no later than 182 days after the child returns home[.]” MCR 3.974(A)(2).

Note: Federal regulations implementing the Adoption & Safe Families Act require that reviews of a child’s status by a court or administrative agency occur at least every six months. 45 CFR 1355.34(c)(2)(ii). The six-month period begins when the child enters foster care. See 45 CFR 1355.34(c)(1)-(2). A child enters foster care the earlier of the date that the court found the child to be abused or neglected or 60 days after the child’s removal from his or her home, or an earlier date if the state chooses. 45 CFR 1355.20(a).

“If a child is under the care and supervision of the agency and is either placed with a relative and the placement is intended to be permanent or is in a permanent foster family agreement, the court shall hold a review hearing not more than 182 days after the child has been removed from his or her home and no later than 182 days after that so long as the child is subject to the jurisdiction of the court, the Michigan [C]hildren’s [I]nstitute [(MCI)], or other agency [as provided in MCR 3.976(E)(3)].” MCL 712A.19(4).² See also MCR 3.975(C)(2) (containing substantially similar language).

The court must not cancel or delay a review hearing beyond the number of days required, “regardless of whether a petition to terminate parental rights or another matter is pending.” MCL 712A.19(3); MCL 712A.19(4); MCR 3.975(C).

An error in the proceedings, such as a delay in conducting a hearing within the time allotted by statute or court rule, is not grounds for the Court of Appeals to reverse the trial court or amend any of the trial court’s orders, unless the Court believes that its failure to take action “‘would be inconsistent with substantial justice.’” In re Sanborn, 337 Mich App 252, 270 (2021), quoting In re TC, 251 Mich App 368, 371 (2002). In In re Sanborn, there was some delay between the respondents’ preliminary hearing and the termination/disposition hearing,³ and the respondent-mother claimed that the delay deprived her of an additional month of services toward achieving reunification. In re Sanborn, 337 Mich App at 269-271. The Court decided that any due process violation as a result of the delay was cured and there existed no fundamental unfairness because the respondent-mother continued to receive services after the trial court denied the petition to terminate her parental rights. Id. at 271. Similarly, the respondent-mother benefited from the DHHS’s delay in petitioning for termination because services continued for the two months that passed before the DHHS filed the petition; the DHHS’s delay “actually provided more opportunity” for the respondent-mother to engage in services and to continue supervised virtual visits with her child. Id. at 272.

At review hearings held under MCL 712A.19, the court must approve or disapprove placement in a qualified residential treatment program as provided in MCL 722.123a. MCL 712A.19(10).

B.Review Hearings for Children Never Removed From Home

“[I]f a child subject to the court’s jurisdiction remains in his or her home, a review hearing must be held not more than 182 days from the date a petition is filed to give the court jurisdiction over the child and no later than every 91 days after that for the first year that the child is subject to the court’s jurisdiction.” MCL 712A.19(2).⁴ See also MCR 3.974(A)(2) (containing substantially similar language except that it contemplates the child having “never [been] removed from the home” and requires the review hearing to be held within 182 days from the date a petition was authorized). “After the first year that the child is subject to the court’s jurisdiction, a review hearing shall be held no later than 182 days from the immediately preceding review hearing before the end of that first year and no later than every 182 days from each preceding review hearing after that until the case is dismissed.” MCL 712A.19(2); MCR 3.974(A)(2).

Note: “If the child was removed from the home and subsequently returned home, review hearings shall be held in accordance with MCR 3.975.” MCR 3.974(A)(2).

The court must not cancel or delay a review hearing beyond the number of days required, “regardless of whether a petition to terminate parental rights or another matter is pending.” MCL 712A.19(2).

At review hearings held under MCL 712A.19, the court must approve or disapprove placement in a qualified residential treatment program as provided in MCL 722.123a. MCL 712A.19(10).

C.Accelerated Review Hearings

On a party’s motion or in the court’s discretion, a court may accelerate a review hearing to “review any element of the case service plan[.]” MCL 712A.19(2)-(4). See also MCR 3.975(D).

Where a child is placed in foster care, “the court shall determine at the dispositional hearing and each review hearing whether the cause should be reviewed before the next review hearing[.]” MCL 712A.19(9). See also MCR 3.975(D) (containing substantially similar language). “In making this determination, the court shall consider at least all of the following:

(a) The parent’s, [guardian’s, or legal custodian’s] ability and motivation to make necessary changes to provide a suitable environment for the child.

(b) Whether there is a reasonable likelihood that the child may be returned to his or her home before the next review hearing[.]” MCL 712A.19(9). See also MCR 3.975(D), which contains substantially similar language.

At review hearings held under MCL 712A.19, the court must approve or disapprove placement in a qualified residential treatment program as provided in MCL 722.123a. MCL 712A.19(10).

D.Return of Child Without Dispositional Review Hearing

If all the parties involved receive notice at least seven days before a child is returned home, or if proper notice of hearing is waived,⁵ and if no party requests a hearing within the seven days, the court may issue an order permitting the agency to return the child home without holding a review hearing. MCL 712A.19(11); MCR 3.975(H).

E.Videoconferencing Technology

The use of videoconferencing technology to conduct review hearings in child protective proceedings is governed by MCR 3.904(B). See Section 1.7.