Ch 8 Placement

Ch apter 8: Placement of a Child

8.1 Requirements to Release or Place a Child Pending Trial 8-2

8.2 Placement Options 8-6

8.3 Keeping Child at Home is Contrary to the Welfare Findings 8-17

8.4 Reasonable Efforts to Prevent or Eliminate Removal of Child
Findings 8-18

8.5 Release of Information Pertaining to Child 8-24

8.6 Child’s Medical Treatment 8-25

8.7 Initial Service Plans 8-27

8.8 Parenting Time or Visitation 8-31

8.9 Order for Examination or Evaluation of Child, Parent, Guardian,
or Legal Custodian 8-33

8.10 Placement of Child 8-33

8.11 Appeals of Foster Care Placement Changes 8-37

8.12 Review of Placement and Initial Service Plan 8-40

8.13 Interstate Compact on the Placement of Children (ICPC) 8-42

8.14 Placement of Child Pursuant to Safe Delivery of Newborns Law 8-46

8.15 Unregulated Custody Transfer 8-54

In this chapter. . .

This chapter discusses the court’s requirements in determining whether to order a child out of his or her home or to return the child to his or her parent(s), guardian, or legal custodian pending a trial on the allegations in a petition. It also discusses the court’s placement options, placement of the child, placement of newborns falling under the Safe Delivery of Newborns Law, and a review or change in a child’s placement.

This chapter also includes discussions on the procedures for releasing information concerning the child to the child’s care provider, and the requirements for a child’s medical treatment. It also discusses initial service plans, parenting time or visitation, and ordering an examination or evaluation for a parent, guardian, legal custodian, or a child.

8.1Requirements to Relea se or Pla ce a Child Pen ding T rial

If the court authorizes the filing of a petition,¹ it must then determine “whether the child should remain in the home, be returned home, or be placed in foster care pending trial.”² MCR 3.965(B)(12). See also MCL 712A.14(3).

If the court authorizes the filing of the petition, the court may

•release the child to a parent, guardian, or legal custodian (with or without conditions); or

•order placement of the child after finding on the record that it would be contrary to the child’s welfare to remain at home and that reasonable efforts have been made to prevent the child’s removal from the home.³ MCR 3.965(B)(13).

Note: See MCR 3.965(B)(13)(b) and Section 19.13 for preferred placements of Indian children.

A.Requiremen ts to Release a Chi ld to a Parent, Guardian, or Legal Custodian

If the court authorizes the filing of a petition, it may release a child to his or her parent(s), guardian, or legal custodian. MCL 712A.13a(3); MCR 3.965(B)(13)(a). The court may also order reasonable terms and conditions necessary for the child’s physical health or mental well-being. MCL 712A.13a(3); MCR 3.965(B)(13)(a). However,

•if a petition alleges that a child’s parent, guardian, custodian, nonparent adult,⁴ or other person residing in a child’s home has abused the child, the court must not leave the child in or return the child to the home unless it “finds that the conditions of custody . . . are adequate to safeguard the child from the risk of harm to the child’s life, physical health, or mental well-being.” MCL 712A.13a(5).

Note: “As used in [MCL 712A.13a], ‘abuse’ means 1 or more of the following:

(a) Harm or threatened harm by a person to a juvenile’s health or welfare that occurs through nonaccidental physical or mental injury.

(b) Engaging in sexual contact or sexual penetration as those terms are defined in . . . MCL 750.520a, with a juvenile.

(c) Sexual exploitation of a juvenile, which includes, but is not limited to, allowing, permitting, or encouraging a juvenile to engage in prostitution or allowing, permitting, encouraging, or engaging in photographing, filming, or depicting a juvenile engaged in a listed sexual act as that term is defined in . . . MCL 750.145c.

(d) Maltreatment of a juvenile.” MCL 712A.13a(21).

•“[i]f [the] court finds [that] a parent is required by court order to register under the [S]ex [O]ffenders [R]egistration [A]ct,^[⁵] the [DHHS] may, but is not required to, make reasonable efforts to reunify the child with the parent. The court may order reasonable efforts to be made by the [DHHS].” MCL 712A.13a(6).

Additionally, “[n]o one has the right to post bail in a protective proceeding for the release of a child in the custody of the court.”MCR 3.965(C)(6).

B.Requir ements to Pla ce a Child Ou tside His or Her Home

If the court authorizes the filing of a petition, “[t]he court may order placement of the child in foster care^[⁶] if the court finds all of the following conditions:

(a) Custody of the child with the parent presents a substantial risk of harm to the child’s life, physical health, or mental well-being.

(b) No provision of service or other arrangement except removal of the child is reasonably available to adequately safeguard the child from risk as described in subdivision (a).

(d) Consistent with the circumstances, reasonable efforts were made to prevent or eliminate the need for removal of the child.^[⁸]

(e) Conditions of child custody away from the parent are adequate to safeguard the child’s health and welfare.”⁹ MCL 712A.13a(9). See also MCR 3.965(C)(2), which contains substantially similar language.

“[W]hen a statute or court rule requires factual findings as to an enumerated list of factors, the trial court must make a record of its findings as to each and every factor sufficient for [the Court of Appeals] to conduct a meaningful review.” In re Williams, 333 Mich App 172, 183-185 (2020) (reversing and remanding a case in which the trial court removed the minor child from the respondent’s custody without making a record of all the findings listed in MCR 3.965(C)(2) and MCL 712A.13a(9); see also In re White, ___ Mich App ___, ___ (2026) (“The court must make a sufficient record of its findings regarding all these conditions to enable meaningful appellate review.”). “MCR 3.965(C)(2) and MCL 712A.13a(9) explicitly require that the trial court find all the factors prior to removing a child from a parent’s care.” In re Williams, 333 Mich App at 184. Cf. In re Benavides, 334 Mich App 162, 169-170 (2020) (concluding that the children’s placement outside of the home was proper because all provisions of MCL 712A.13a(9) were satisfied and addressed by the referee’s findings, which were subsequently adopted by the trial court; ultimately, the children were not placed outside of the home where they lived at the time because respondent no longer lived in the home and a safety plan was in place with the children’s uncle, who did live in the home). But see White, ___ Mich App at ___: “[T]he trial court erred in finding that no provision of service or other arrangement except removal of the child was reasonably available to adequately safeguard the child,” under MCL 712A.13a(9)(b). (Cleaned up.) “[R]espondent had voluntarily placed the child with the child’s adult sister as part of a safety plan and had given the sister power of attorney regarding the child’s custody and care.” White, ___ Mich App at ___. “[T]here was an allegation . . . that the child’s mother tried to take the child back from the sister while intoxicated. But, . . . it was clear error for the trial court to find that respondent [the child’s father] did so, and petitioner points to no evidence in the record to support such a finding.” Id. at ___. “Just as a court may not adjudicate only one parent as unfit and then enter dispositional orders affecting the parental rights of both parents, a trial court may not make removal findings on the basis of one parent’s behavior and then rely solely on such findings to remove a child from both parents.” Id. at ___ (citation omitted).

“If the court orders removal of the child from a parent’s care or custody, the court shall advise the parent, guardian, or legal custodian of the right to appeal that action.” MCR 3.965(B)(15).

“If the child was not released under [MCR 3.965(B)], the court shall receive evidence, unless waived, to establish that the criteria for placement set forth in [MCR 3.965(C)(2)] are present.” MCR 3.965(C)(1). In addition, the respondent must be given the opportunity to cross-examine and subpoena witnesses, and to offer proofs to counter the admitted evidence. MCR 3.965(C)(1).¹⁰

8.2Placem ent Options

MCR 3.903(C)(10) defines placement as a “court-approved transfer of physical custody of a child to foster care, a shelter home, a hospital, or a private treatment agency.”

If the court authorizes the filing of the petition, the child may be placed in any of the following:

(1) The home of the child’s parent(s), guardian, or legal custodian;

(2) A licensed county child care home or facility; or

(3) A licensed child care institution or child placing agency. MCL 712A.14(3); MCL 712A.16(2).

Note: Placement often occurs through an agency, either a local DHHS office or a private agency under contract with DHHS. MCL 712A.13a(1)(a) defines agency as “a public or private organization, institution, or facility that is performing the functions under part D of title IV of the social security act, 42 USC 651 to [42 USC] 669b, or that is responsible under court order or contractual arrangement for a juvenile’s care and supervision.”

A child placing agency is “a governmental organization or an agency organized . . . for the purpose of receiving children for placement in private family homes for foster care or for adoption. The function of a child placing agency may include investigating applicants for adoption and investigating and certifying foster family homes and foster family group homes as provided in this act. The function of a child placing agency may also include supervising children who are at least 16 but less than 21 years of age and who are living in unlicensed residences as provided in [MCL 722.115(4)].” MCL 722.111(e).

A.After a Child’s Removal

“If continuing the child’s residence in the home is contrary to the welfare of the child,”^¹¹ the court must not release the child to his or her parent(s), guardian, or legal custodian, but instead must order that the child be “placed in the most family-like setting available consistent with the juvenile’s needs.” MCL 712A.13a(12); MCR 3.965(C)(3). Accordingly, a child removed from his or her parent’s control must be placed in care “as nearly as possible equivalent to the care that should have been given to the [child] by his or her parents.” MCL 712A.1(3). However, if an Indian child is involved in the proceedings, the court must follow the placement preferences as outlined in MCR 3.965(B)(13)(b).¹²

1.Preferred Placement of a Child After the Child’s Removal From Parental Custody

Upon the child’s removal from parental custody, as part of the initial service plan,¹³ “the supervising agency must, 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.” MCL 722.954a(2).

“Preference shall be given to an adult related to the child within the fifth degree by blood, marriage, or adoption provided the relative meets all relevant state child protection standards.” MCL 722.954a(2). “The [DHHS] may make an exception to this preference only if good cause is shown.” Id. “As used in [MCL 722.954a], ‘good cause’ means any of the following:

(a) A request by 1 or both of the child’s parents to deviate from this preference.

(b) The child’s request, if the child is of sufficient age and capacity to understand the decision that is being made.

(d) The child’s physical, mental, or emotional needs, such as specialized treatment services that may be unavailable in the community where families who meet the placement preferences live.

(e) The distance between the child’s home and the proposed family placement would frustrate the reunification goal or otherwise impede permanency.” MCL 722.954a(2).

The DHHS “completely disregarded its obligation under MCL 722.954a(2) to investigate relative placements” for the child after the trial court removed the child from temporary placement with the maternal grandmother due to coaching concerns but did not investigate the suitability of a number of the child’s other relatives who had expressed interest in having the child placed with them. In re D M A N, ___ Mich App ___, ___ (2025). The DHHS asserted that it did not investigate other potential relative placements due to concerns that the child’s grandmother had coached the child, and its claim that the trial court had ordered that the child not be placed with relatives. Id. at ___ (no such order was found in the record). “Neither explanation allows DHHS to exempt itself from its statutory duty under MCL 722.954a(2).” D M A N, ___ Mich App at ___. “[T]he failure to even attempt to keep [the child] from being separated from her biological family seriously affects the fairness, integrity, and public reputation of judicial proceedings.” Id. at ___. If a suitable relative placement was available, it would have weighed against a finding that termination was in the child’s best interests, and protected the child’s interest in maintaining a familial relationship with her suitable relatives. Id. at ___. Resultantly, the Court conditionally reversed the trial court’s finding that termination was in the child’s best-interests and remanded for a determination as to whether a suitable relative placement was available, and if so, to conduct the appropriate procedural steps indicated in MCL 722.954a. Id. at ___.

In notifying the child’s relatives, the supervising agency must:

“(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 child’s care and placement, 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.” MCL 722.954a(3).

2.Placement of a Child’s Siblings

Reasonable efforts must be made to place siblings together. MCL 712A.13a(14); MCL 722.954a(6). If siblings are not placed together or not all of the siblings were removed, reasonable efforts must be made to provide “at least monthly visitation or other ongoing contact between the siblings,” unless statutory requirements dictate otherwise. MCL 722.954a(6). See also MCL 712A.13a(14); MCL 722.954a(7). See Section 8.2(C) for a discussion on sibling placement and maintenance of sibling relationship.

B.Relative Place me nts ¹⁴

1.Definition of Relative

A relative is “an individual who is at least 18 years of age and is either of the following:

(i) Related to the child within the fifth degree by blood, marriage, or adoption, including the spouse of an individual related to the child within the fifth degree, even after the marriage has ended by death or divorce, the parent who shares custody of a half-sibling, and the parent of a man whom the court has found probable cause to believe is the putative father if there is no man with legally established rights to the child.

(ii) Not related to a child within the fifth degree by blood, marriage, or adoption but who has a strong positive emotional tie or role in the child’s life or the child’s parent’s life if the child is an infant, as determined by the department or, if the child is an Indian child, as determined solely by the Indian child’s tribe. As used in this section, ‘Indian child’ and ‘Indian child’s tribe’ mean those terms as defined [MCL 712B.3].” MCL 712A.13a(1)(j).¹⁵

2.Placement Preferences

Before a supervising agency ¹⁶ determines where to place a child in its care, it must give special consideration and preference to the child’s relatives who are willing and fit to care for the child and can meet the child’s developmental, emotional, and physical needs. MCL 722.954a(5).¹⁷

The supervising agency’s decision on where to place the child must be in the child’s best interests. MCL 722.954a(5).

3.Requirements For Placement in a Relative’s Home

Before or within seven days of a child being placed in a relative’s home, the DHHS must perform a central registry clearance and criminal record check on all relative caregivers and adult household members.¹⁸ MCL 712A.13a(11); MCR 3.965(C)(5)(a). See also DHHS’s Children’s Foster Care Manual (FOM), Relative Engagement and Placement FOM 722-03B, pp 8-9 (Note: the DHHS information indicates that the checks should be completed before placement). The court may order the DHHS to report to the court before or within seven days the results of the central registry clearance and criminal record check. MCR 3.965(C)(5)(a). When a child is placed in a relative’s home, the court must order a home study to be conducted and a copy of the results submitted to the court within 30 days of placement. MCL 712A.13a(11); MCR 3.965(C)(5)(b).

Note: The DHHS may not place a child in a home where a member of the home is listed as a perpetrator on the central registry ¹⁹ or has a felony conviction for:

(1) Child abuse or neglect.

(2) Spousal abuse.

(3) Crime against a child (including pornography).

(4) Crime that involves violence (including rape, sexual assault, or homicide, but not including other physical assault or battery).

(5) Physical assault, battery, or drug related offense within the last five years. DHHS‘s Children’s Foster Care Manual (FOM), Placement Selection and Standards FOM 722-03 pp 10-11.

Also, the DHHS may not place a child in a home where an adjudicated juvenile sex offender resides. Placement Selection and Standards FOM 722-03, p 18.

C.Placement of a Child’s Siblings

1.Sibling Defined

A sibling is “a child who is related through birth or adoption by at least 1 common parent. Sibling includes that term as defined by an American Indian or Alaskan native child’s tribal code or custom.” MCL 712A.13a(1)(l); MCL 722.952(l).

2.Reasonable Efforts and Placement of Siblings

“Reasonable efforts must 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 visitation, at least monthly, or other ongoing interaction between the siblings, unless the supervising agency documents that visitation, at least monthly, or other ongoing interaction would be contrary to the safety or well-being of any of the siblings.” MCL 712A.13a(14); see also MCL 722.954a(6), containing substantially similar language.

See also the DHHS’s Children’s Protective Services Manual (PSM), Court Intervention and Placement of Children PSM 715-2, pp 8-9, which provides:

“All siblings who enter foster care at or near the same time must be placed together, unless:

• One of the siblings has exceptional needs that can be met only in a specialized program or facility.

• Such placement is harmful to one or more of the siblings.

• The size of the sibling group makes a joint placement impractical, notwithstanding diligent efforts to make a joint placement.”

3.Maintenance of Sibli ng Relationship If Siblings Are Separated

“If siblings cannot be placed together or not all the siblings are being placed in foster care, the supervising agency must 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 [MCL 712A.13a(16)].” MCL 722.954a(7).

a.Suspensi on of Sibling Contact

“If the supervising agency documents that visitation or other contact is contrary to the safety or well-being of any of the siblings and temporarily suspends visitation or contact, the supervising agency shall report its determination to the court for consideration at the next review hearing.” MCL 712A.13a(15).

“If the supervising agency temporarily suspends visitation or contact, the court shall review the decision and determine whether sibling visitation or contact will be beneficial to the siblings. If so, the court shall order sibling visitation or contact to the extent reasonable.” MCL 712A.13a(16).

b.Discontinua tion of Sibling Contact

“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 must report its determination to the court for consideration at the next review hearing.” MCL 722.954a(8).

D.Relative Lice nsing Requirement

“Every relative with placement of a child in foster care must be referred for licensure. Every effort must be made to ensure relative caregivers who are referred for licensure complete licensure within 180 calendar days of placement. Within 45 calendar days of placement, the relative must be referred to a certification worker[.]” Relative Licensing FOM 923, p 1.

E.Exception to Licensing Requirements

Upon the recommendation of a local Foster Care Review Board or a child placing agency, the department may grant a variance to one or more licensing rules or statutes that regulate foster family homes or foster family group homes for 1 or more of the following reasons:

“(a) To allow the child and 1 or more siblings to remain or be placed together.

(b) To allow a child with an established meaningful relationship with the family to remain with the family.

(c) To allow a family with special training or skills to provide care to a child who has a severe disability.” MCL 722.118b(1).

The department may grant the variance, if it determines that:

(1) the child’s placement will be in the child’s best interests; and

(2) the variance will not jeopardize the child’s health or safety or the health or safety of another child residing in the foster family home or foster family group home.²¹ MCL 722.118b(2). See also MCL 722.137a.

For purposes of licensing and regulating foster family homes or foster family group homes under the Child Care Licensing Act, MCL 722.111 et seq., department refers to DHHS. MCL 722.111(m).

F.Placement in Setting Pr oviding Certain Services for Human Trafficking Victims

“Before determining placement of a child in its care, a supervising agency shall give special consideration to information that a child may be the victim of human trafficking. If a supervising agency finds that a child is or may be a victim of human trafficking, the supervising agency shall place the child in a setting that provides mental health services, counseling, or other specialized services that are necessary or appropriate for a victim of human trafficking.” MCL 722.954e.

G.Children Ab sent Witho ut Leave From Placement (AWOLP)

“Foster parents, relative/unrelated caregivers, parents, and/or residential facility staff must immediately notify law enforcement agencies (state police, local police, or the sheriff’s department) and the supervising agency when a youth under their care fails to return at the expected time or leaves a home without permission.” Absent Without Legal Permission (AWOLP) FOM 722-03A, p 1. The supervising agency must, immediately after being notified of the child’s absence, file a missing person report with the local law enforcement agency; the child must be classified as “missing and endangered.” Id. Within 24 hours of a child‘s absence from a court-ordered placement, a supervising agency must notify the following:

(1) The court having jurisdiction over the child;

(2) The child’s parent(s), if appropriate; and

(3) The child’s lawyer-guardian ad litem;

(4) The National Center for Missing and Exploited Children (NCMEC). Id. at pp 1-2.

Each circuit court must have “a plan for reviewing cases involving children who are absent from court-ordered placements without permission from the court.” Michigan Supreme Court Administrative Order No. 2002-4. See also the State Court Administrative Office (SCAO) AWOLP Resources.²²

H.Qualified Residential Tr eatment Pro gram

Once in foster care,²³ the DHHS may place the child in a qualified residential treatment program (QRTP). See MCL 722.123a. Once placed, the court or its designated administrative body must approve or disapprove of a child’s placement in a qualified residential treatment program. See MCL 722.111(m); MCL 722.123a(3); MCR 3.966(D). A QRTP is a program within a child caring institution that provides specialized services to the minor children placed there. See MCL 722.111(w). A QRTP has a trauma-informed treatment model in which an awareness and knowledge of trauma and skills in dealing with trauma are included in the program’s culture, practices, and policies. MCL 722.111(w)(i); see also MCR 3.903(C)(14)(a). Registered or licensed nursing and clinical staff are on-site or are available 24/7 to provide care in the scope of their practices. MCL 722.111(w)(ii); see also MCR 3.903(C)(14)(b). In addition, a QRTP “integrates families into treatment, including maintaining sibling connections,” provides services for at least six months after discharge, is accredited as indicated in 42 USC 672(k)(4)(G) by an independent not-for-profit organization, and “does not include a detention facility, forestry camp, training school, or other facility operated primarily for detaining minor children who are determined to be delinquent.” MCL 722.111(w)(iii)-(vi); see also MCR 3.903(C)(14)(c)-(f).

Within 30 days of placing a child in a QRTP, the Department of Health and Human Services (DHHS) must have a qualified individual ²⁴ conduct an assessment of the child’s strengths and needs, determine which placement most aligns with the child’s needs, and develop a list of mental and behavioral health goals for the child. See MCL 722.123a(1) for more information.

DHHS must file an ex parte petition requesting the court approve or disapprove the juvenile’s placement in a QRTP within 45 days of the initial placement. MCR 3.966(D)(1). See also MCL 722.123a(3). The petition must “be accompanied by the assessment, determination, and documentation made by the qualified individual,” and the DHHS must serve all parties with the ex parte petition and all accompanying documentation. MCR 3.966(D)(1)(a)-(b). See also MCL 722.123a(1)-(2). The court, or an administrative body authorized or appointed by the court independently, must review the motion within 14 days of its filing. MCR 3.966(D)(2). The court or administrative body must also review any documentation in support of the motion. Id.; see also MCL 722.123a(3)(a). Following the review of the motion and documentation, the court or administrative body must issue an order approving or disapproving of the placement. MCR 3.966(D)(2); MCL 722.123a(3)(c). The order issued must include the court’s or administrative body’s individualized findings concerning the following:

“(a) whether the needs of the child can be met in a foster family home, or if not,

(b) whether the placement of the child provides the most effective and appropriate level of care for the child in the least restrictive environment, and

(c) whether the placement is consistent with the goals in the permanency plan for the child.” MCR 3.966(D)(2). See also MCL 722.123a(3)(b).

The court’s or administrative body’s written documentation of the determination and QRTP approval or disapproval must be made part of the child’s case plan. MCL 722.123a(4). “The court shall serve the order on parties.” MCR 3.966(D).

“As long as a child remains placed in a qualified residential treatment program, the department must submit evidence at each dispositional review hearing and each permanency planning hearing held with respect to the child that does the following:

(a) Demonstrates that ongoing assessment of the strengths and needs of the child cannot be met through placement in a foster family home, that the placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment, and that the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child.

(b) Documenting the specific treatment or service needs that will be met for the child in the placement and the length of time the child is expected to need the treatment or services.

(c) Documents the reasonable efforts made by the department to prepare the child to return home or to be placed with a fit and willing relative, a legal guardian, or an adoptive parent, or in a foster family home.” MCL 722.123a(5).

The court must approve or disapprove of a child’s placement in a QRTP when the matter is raised in a review hearing or a permanency planning hearing. MCL 712A.19(10); MCL 712A.19a(14); MCL 722.123a(6).

Detailed information about the treatment and services provided to a child placed in a QRTP, and the assessment and monitoring of a child’s progress in the program by a qualified professional is found in MCL 722.123a.

8.3Keeping Child at Home is Contrary to the Welfar e Findings

If the court orders foster care placement, it must find, among other factors, that “[c]ontinuing the child’s residence in the home is contrary to the child’s welfare.” MCR 3.965(C)(2)(c). See also MCR 3.965(C)(3). “If [the court finds that] continuing the child’s residence in the home is contrary to the welfare of the child, the court shall not return the child to the home, but shall order the child placed in the most family-like setting available consistent with the child’s needs.” MCR 3.965(C)(3).

Note: MCR 3.903(C)(4) defines contrary to the welfare of the child as “includ[ing], but [] not [being] limited to, situations in which the child’s life, physical health, or mental well-being is unreasonably placed at risk.”

The court may base its findings on “hearsay evidence that possesses adequate indicia of trustworthiness.” MCR 3.965(C)(3).

If the court orders placement, it must make a statement of findings in writing or on the record that explicitly includes “the finding that it is contrary to the welfare of the child to remain at home and the reasons supporting that finding.” MCR 3.965(C)(3). If the court elects to place its findings on the record, the finding “must be capable of being transcribed.” MCR 3.965(C)(3).

Note: To establish eligibility for federal funding of a child’s foster care placement, a court must make a finding in its first order that sanctions a child’s removal from his or her home that “continuation of residence in the home would be contrary to the welfare . . . of the child.”²⁵ 45 CFR 1356.21(c). This finding must be detailed “explicitly documented and must be made on a case-by-case basis and so stated in the court order.” 45 CFR 1356.21(d). Affidavits, nunc pro tunc orders, or orders simply referencing a Michigan statute or court rule are insufficient. 45 CFR 1356.21(d)(2)-(3).²⁶

Additionally, if a petition alleges that a parent, guardian, custodian, nonparent adult, or other person residing in a child’s home has abused the child, the court may not place the child in unlicensed foster care, i.e., with a relative, unless it “finds that the conditions of custody at the placement and with the individual with whom the child is placed are adequate to safeguard the child from the risk of harm to the child’s life, physical health, or mental well-being.” MCL 712A.13a(5).²⁷

8.4Reason able Eff orts to Prevent or Eliminate Removal of Child Findings

The DHHS is obligated to make reasonable efforts to reunify a child and the child’s family in all cases except those cases involving an aggravated circumstance listed in MCL 712A.19a(2). In re Simonetta, 340 Mich App 700, 707 (2022); see also In re Barber/Espinoza, ___ Mich ___, ___ (2025), and In re C Walters, ___ Mich App ___, ___ (2025) (“In general, when a child is removed from the parents’ custody, [the DHHS] is required to make reasonable efforts to rectify the conditions that caused the child’s removal.”) (cleaned up). There must be a judicial determination that a child has been subjected to aggravating circumstances before the DHHS is excused from its duty to make reasonable efforts to prevent a child’s removal. In re Smith-Taylor, 339 Mich 189, 200 (2022); see also In re Boshell/Shelton, ___ Mich App ___, ___ (2025) (“Reasonable efforts toward reunification are not necessary if there is a judicial determination that the parent has subjected the child to aggravated circumstances as provided in [MCL 722.638(1) and (2)].”) (cleaned up). A trial court’s failure to properly determine that aggravated circumstances exist in a case before terminating parental rights at the initial disposition without requiring the DHHS to make reasonable efforts at reunification constitutes plain error warranting reversal. See In re Berryman/Hurd/Morgan/Morgan-Hurd, ___ Mich App ___, ___ (2026) (“[T]he trial court indicated in its written order following the preliminary hearing that it found aggravated circumstances under MCL 722.638(1) and (2) existed such that DHHS was not required to make reasonable efforts toward reunification. But the court never articulated the factual basis for that apparent conclusion or how any such factual basis met the clear-and-convincing-evidence standard.”).

“The mere fact of imprisonment is not one of [those aggravating circumstances].” In re Dixon (On Reconsideration), 347 Mich App 337, 362 (2023). In Dixon, the Court held that the DHHS was obligated to make reasonable efforts at reunification with the child’s father after the mother’s parental rights were terminated, even though the father was incarcerated. Id. at 362. A trial court is required “to permit ‘regular and frequent parenting time’ when a child is removed from a parent’s care,” despite that the parent is incarcerated. Id. at 361, quoting MCL 712A.13a(13) and MCL 712A.18f(3)(e). In Dixon, the DHHS failed to arrange for the father to have video visits with his child as the trial court had ordered. Dixon, 347 Mich App at 361. Further, the DHHS did little to provide the incarcerated father with services “even after he was named as a respondent.” Id. at 362. “At the very least, the caseworker must provide available workbooks for father to complete, as has been done in many other cases involving incarcerated parents.” Id. at 362. See also In re G Matamoros, ___ Mich App ___, ___ (2025), where the Court reversed the order terminating respondent’s parental rights because the DHHS did not prepare a case service plan for respondent, who was incarcerated and had a disability, and did not investigate what services were available to respondent in prison. “[The DHHS’s] failure to fulfill its statutory duty to prepare a case service plan as part of its reasonable reunification efforts constituted clear error requiring reversal.” Id. at ___ (remanded for the DHHS “to create and implement a case service plan for respondent that reasonably accommodates respondent’s disabilities as required under the ADA”).

If the court orders foster care placement, it must find, among other factors, that “[c]onsistent with the circumstances, reasonable efforts were made to prevent or eliminate the need for removal of the child.” MCR 3.965(C)(2)(d). See also MCR 3.965(C)(4). A court is also required to make a finding that reasonable efforts have been made to avoid non-emergency removal of a child from his or her home and placement of the child in foster care to establish a child’s eligibility for federal foster care maintenance payments under Title IV-E of the Social Security Act. 42 USC 672(a)(1).²⁸

Accordingly, the court must find that reasonable efforts were made “to maintain the family unit and prevent the unnecessary removal of a child from his/her home, as long as the child’s safety is assured[.]” 45 CFR 1356.21(b). The court must make a child’s health and safety its paramount concern when making reasonable efforts determinations. 45 CFR 1356.21(b); MCR 3.965(C)(4).

“When the court has placed a child with someone other than the custodial parent, guardian, or legal custodian, the court must determine whether reasonable efforts to prevent the removal of the child have been made or that reasonable efforts to prevent removal are not required.”

Note: The court’s failure to make a reasonable efforts determination within 60 days of the child’s removal will result in the child’s ineligibility for federal foster care maintenance payments under Title IV-E during the child’s stay in foster care. 45 CFR 1356.21(b)(1)(ii).

The court’s 60-day period for making a reasonable efforts determination begins on the date the child was actually removed from his or her home. 45 CFR 1356.21(b)(1)(i). If the child was living with a relative before the court proceedings and the court places the child with that relative, the date of the court order for removal from the constructive custody of a parent is the date of actual removal. 45 CFR 1356.21(k)(1)(ii).

A.Reasonable E fforts Not Required for Child’s Removal

Reasonable efforts to prevent a child’s removal from his or her home are not required if the court has determined any of the following:

“(a) the parent has subjected the child to aggravated circumstances as listed in . . . MCL 722.638(1) and [MCL 722.638](2);^[²⁹] or

(b) the parent has been convicted of 1 or more of the following:

(i) murder of another child of the parent,

(ii) voluntary manslaughter of another child of the parent,

(iii) aiding or abetting, attempting, conspiring, or soliciting to commit such a murder or such a voluntary manslaughter, or

(iv) a felony assault that results in serious bodily injury to the child or another child of the parent; or

(d) the parent is required to register under the Sex Offender[s] Registration Act [(SORA), MCL 28.721 et seq.]”³⁰ MCR 3.965(C)(4). See also 45 CFR 1356.21(b)(3).

Note: If the court determines that reasonable efforts to reunite the family or prevent removal are not required, an initial permanency planning hearing must be held within 28 days of that determination. MCR 3.976(B)(1). See Section 16.3(A).

For example, where the trial court’s stated findings indicated that it “determined that [the minor child] suffered severe physical abuse (respondent’s excessive consumption of alcohol while pregnant) that resulted in a life-threatening injury ([the minor child’s fetal alcohol syndrome] symptoms and the accompanying medical issues), and that respondent was the perpetrator of this abuse,” “[t]hese findings amount[ed] to a judicial determination that respondent subjected [the minor child] to aggravated circumstances as provided in MCL 722.638(1) and [MCL 722.638(2)]”; “[t]herefore, under MCL 712A.19b(2)(a), reasonable efforts were not required[.]” In re Rippy, 330 Mich App 350, 358-359 (2019).

But see In re Simonetta, 340 Mich App 700, 703 (2022), where the Court held that “[m]aternal drug use during pregnancy does not give rise to an aggravated circumstance permitting the termination of parental rights under any circumstances because a fetus is not a ‘child’ under the Probate Code.” The Court acknowledged that in Rippy, 330 Mich App at 357-359, “th[e] Court upheld a termination of parental rights at the initial disposition based on an assumption that a mother’s prenatal drug use was an aggravated circumstance.” Simonetta, 340 Mich App at 712 n 4. However, the Court in Simonetta distinguished its disposition in the instant case from its disposition in Rippy. Id.

Simonetta first noted that MCL 722.638(1) did not apply—and so reasonable efforts were required—because the record in the instant case “d[id] not support that [the infant] sustained any consequences of respondent’s prenatal use of controlled substances.” Simonetta, 340 Mich App at 708. The Court then stated that the absence of evidence in the case was “not the only reason” that MCL 722.638(1) was not applicable. Simonetta, 340 Mich App at 708. The Court determined that “MCL 722.638(1)(a)(iii) does not apply to the ‘abuse’ of a fetus because a fetus is not a ‘child’ as that term is defined in the criminal law or the juvenile code.”³¹ Simonetta, 340 Mich App at 708. The Court explained the distinction between its dispositions in Rippy and Simonetta: “[T]he majority in Rippy, id. at 359 n 2, declined to consider whether a ‘fetus’ falls within the definition of a ‘child’ as contemplated in MCL 722.638(1), and therefore reached no binding opinion on that question.” Simonetta, 340 Mich App at 712 n 4.

The Court elaborated: “[T]he aggravating circumstances identified in MCL 722.638(1)(a)(iii)—’battering, torture, or other severe physical abuse’—apply to children living outside the womb.” Simonetta, 340 Mich App at 710. The Court noted also that the other aggravating circumstances described in MCL 722.638(1)(a) “pertain to children who have been born, and not fetuses[.]” Simonetta, 340 Mich App at 710. According to the Court, “[b]y excluding fetuses from the definition of a ‘child,’ our Legislature has recognized that drug use during pregnancy does not automatically mean that a mother will abuse her child after birth.” Id. at 711.

MCL 722.638(1)(a) does not require respondent to be the actual perpetrator of the child’s sexual abuse in order to conclude that respondent abused the child. See In re Barber/Espinoza, ___ Mich ___, ___ (2025). “The Legislature has pertinently defined ‘child abuse’ to include ‘harm or threatened harm to a child’s health or welfare that occurs through . . . sexual exploitation . . . by a parent[.]’” Id. at ___, quoting MCL 722.622(g) (alteration in original). “Sexual exploitation” means “‘allowing, permitting, or encouraging a child to engage in prostitution.’” Barber/Espinoza, ___ Mich at ___, quoting MCL 722.622(r). Although not defined by statute, “prostitution” means “the act or practice of engaging in sex acts and especially sexual intercourse in exchange for pay,” or, alternatively, “commercialized sex.” Barber/Espinoza, ___ Mich at ___ (quotation marks and citations omitted). At trial, the child “testified that respondent allowed a man to sexually abuse [the child] in exchange for drugs,” which amounts to engaging the child in prostitution. Id. at ___. “Because respondent engaged [the child] in prostitution, she sexually exploited [the child] and, thus, abused her.” Id. at ___.

The respondent need not be the perpetrator of the abuse in order for the aggravating circumstances in MCL 722.638(1)-(2) to apply. In re Smith-Taylor, 339 Mich App 189, 202 (2021), rev’d on other grounds 509 Mich 935 (2022). “The plain language of MCL 722.638(2) [does] not limit its application to the suspected perpetrator of the abuse.” In re Smith-Taylor, 339 Mich App at 202. A respondent who does not perpetrate the abuse but who “plac[es] the child at an unreasonable risk of harm due to a failure to take steps to eliminate a risk of harm,” may have his or her parental rights terminated at the initial dispositional hearing. Id. at 202. When aggravating circumstances are present, reasonable efforts to reunify a child and a parent are not required. Id. at 202.

But see In re Boshell/Shelton, ___ Mich App ___, ___ (2025): “The trial court plainly erred by finding that [respondent’s] boys were subjected to aggravating circumstances [under MCL 722.638] because . . . the abusers . . . were not a parent, guardian, or custodian of the boys, and nothing in the record suggests that they ever resided with the boys.” Because the requirements of MCL 722.638(1) were not met, MCL 722.638(2) did not apply to the petition, and therefore, the DHHS was not obligated to make reasonable efforts to reunify respondent and her sons before seeking termination. Boshell/Shelton, ___ Mich App at ___ (reversed and remanded).

B.Required Doc umentation for Reasonable Efforts Finding

The court’s determination “regarding . . . reasonable efforts to prevent removal . . . including judicial determinations that reasonable efforts are not required, must be explicitly documented and must be made on a case-by-case basis and so stated in the court order.” 45 CFR 1356.21(d). See also MCR 3.965(C)(4).

Additionally, 45 CFR 1356.21(d) states:

“(1) If the reasonable efforts . . . judicial determination[ is] not included as required in the court orders identified in . . . [45 CFR 1356.21(b)], a transcript of the court proceedings is the only other documentation that will be accepted to verify that th[is] required determination[ has] been made.

(2) Neither affidavits nor nunc pro tunc orders will be accepted as verification documentation in support of reasonable efforts . . . judicial determinations.

(3) Court orders that reference State law to substantiate judicial determinations are not acceptable, even if State law provides that a removal must be based on a judicial determination . . . that removal can only be ordered after reasonable efforts have been made.”

For a description of services that may be offered to families to prevent a child’s removal from his or her home, see the Department of Health and Human Services’s (DHHS’s) Children’s Protective Services Manual (PSM), CPS Supportive Services PSM 714-2, and the DHHS’s Children’s Foster Care Manual (FOM), Case Planning FOM 722-06.

8.5Rel ease of Inf ormation Pertaining to Child

If the child is placed in foster care,³² the court must order that, within 10 days after receiving a written request, the agency must provide the person who is providing the foster care with copies of the following:

(1) All initial, updated, and revised case service plans and court orders relating to the child; and

(2) All of the child’s medical, mental health, and education reports (including reports compiled before the child was placed with that person). MCL 712A.13a(18); MCL 712A.18f(5).

The court must include in its placement order an order that “the child’s parent, guardian, or custodian provide the supervising agency^[³³^] with the name and address of each of the child’s medical providers.” MCL 712A.13a(19)(a); MCR 3.965(C)(8)(a). The court must also include an order that “each of the child’s medical providers release the child’s medical records.”³⁴ MCL 712A.13a(19)(b); MCR 3.965(C)(8)(b).

8.6Chi ld’s Med ical Treatment

A.Me dical Exam ination

The child’s supervising agency must ensure that “the child receives a medical examination when the child is first placed in foster care.” MCL 722.954c(5). “One objective of this examination is to provide a record of the child’s medical and physical status upon entry into foster care.” Id.

“If a child under the care of a supervising agency has suffered sexual abuse, serious physical abuse, mental illness, or is alleged to be the victim of human trafficking, the supervising agency shall have an experienced and licensed mental health professional as defined under [MCL 330.1100b(19)(a), MCL 330.1100b(19)(b), or MCL 330.1100b(19)(d)],³⁵ who is trained in children’s psychological assessments perform an assessment or psychological evaluation of the child.” MCL 722.954c(4).³⁶ The supervising agency must bear the costs of the assessment or evaluation. Id. “If an assessment or psychological evaluation required under [MCL 722.954c(4)] indicates that a child may have been a victim of human trafficking, the supervising agency shall provide, in addition to any reunification, adoption, or other services provided to a child under the supervising agency’s care, counseling services appropriate for minor victims of human trafficking.” MCL 722.954c(6).

The supervising agency must obtain the name and address of the child’s medical provider and a signed release of the child’s medical records from the parent, guardian, or custodian. MCL 722.954c(1). The child’s medical provider must remain constant while the child is in foster care, unless the child’s current primary medical provider is a managed care health plan, or unless requiring the medical provider to remain constant would create an unreasonable burden for the child’s relative, foster parent, or other custodian. Id.

Note: The court must include in its placement order an order that “the child’s parent, guardian, or custodian provide the supervising agency with the name and address of each of the child’s medical providers.” MCL 712A.13a(19)(a); MCR 3.965(C)(8)(a). The placement order must also include an order that “each of the child’s medical providers release the child’s medical records.”³⁷ MCL 712A.13a(19)(b); MCR 3.965(C)(8)(b).

B.Medi cal Pas sports

The supervising agency must develop a medical passport for each child coming within its care.

“(a) All medical information required by policy or law to be provided to foster parents.

(b) Basic medical history.

(d) Any other information concerning the child’s physical and mental health, including information that the child may be a victim of human trafficking.” MCL 722.954c(2).

The DHHS requires the supervising agency to provide a copy of all medical passports and updates for maintenance in a central location. MCL 722.954c(3).

A foster care worker who transfers a child’s medical passport to another foster care worker must sign and date it, verifying that the worker has sought and obtained the required information and any additional information required by the DHHS policy. MCL 722.954c(3).

C.Authori ty to Consent to Med ical Treatment

If a child is placed outside the home, the child placing agency, the department,³⁸ or a court may consent to “routine, nonsurgical medical care, or emergency medical and surgical treatment” of a child. MCL 722.124a(1). See Section 3.3 for a detailed discussion of ordering medical treatment for a child.

Note: If the child is placed in a child care organization,³⁹ the child placing agency, the department, or the court must execute a written instrument that grants the organization authority to consent to the child’s emergency medical and surgical treatment. MCL 722.124a(1). The department may also execute a written instrument granting the child care organization the authority to consent to the child’s routine, nonsurgical medical care. Id.

If the child is placed in a child care institution,⁴⁰ the child placing agency, the department, or the court must, in addition to emergency medical and surgical treatment, execute a written instrument that grants the institution authority to consent to the child’s routine, nonsurgical medical care. MCL 722.124a(1).

Only the child’s parent or guardian may consent to nonemergency, elective surgery for a child in foster care. MCL 722.124a(3). However, if a court terminated the parent’s parental rights, the court or the agency with jurisdiction over the child may consent to nonemergency, elective surgery. Id.

Note: “[R]outine, nonsurgical medical care” does not include “contraceptive treatment, services, medication or devices.” MCL 722.124a(4). The DHHS does not consider the prescription or use of psychotropic medications as routine, nonsurgical medical care. DHHS’s Children’s Foster Care Manual (FOM), Prudent Parent Standard and Delegation of Parental Consent FOM 722-11.

8.7Ini tial Ser vice Plans

An individual involved in a child protective proceeding may be eligible for admission to a family treatment court program if, among other requirements, “the individual has a substance use disorder,” MCL 600.1099ee(a), and “[t]he allegations contained in the petition [are] related to the abuse, illegal use, or possession of a controlled substance or alcohol,” MCL 600.1099ff(a). See Section 7.7 for information about family treatment courts.

If placement is ordered, the court must inform the parties, either orally or in writing, of all of the following:

“(1) that the agency designated to care and supervise the child will prepare an initial service plan no later than 30 days after the placement;

(2) that participation in the initial service plan is voluntary unless otherwise ordered by the court;

(3) that the general elements of an initial service plan include:

(a) the background of the child and the family,

(b) an evaluation of the experiences and problems of the child,

(d) an identification of specific goals and projected time frames for meeting the goals;

(4) that, on motion of a party, the court will review the initial service plan and may modify the plan if it is in the best interests of the child; and

(5) that the case may be reviewed for concurrent planning.” MCR 3.965(D). See also MCL 712A.13a(10).

“A trial court’s failure to inform a respondent of the information required by [MCL 712A.13a(10)] does not affect the validity of the trial court’s order.” In re Benavides, 334 Mich App 162, 171 (2020). In addition, the notice requirement in MCL 712A.13a(10) applies only when a child was removed from, and placed outside of, his or her home; notice is not required when the child was removed only from the respondent’s custody but the child’s placement remained in the residence where he or she was living at the time the petition was authorized. In re Benavides, 334 Mich App at 171. In In re Benavides, the court concluded that the children could remain in the home where they were living at the time of the preliminary hearing because respondent no longer lived in the home and a safety plan was in place with the children’s uncle, who also lived in the home. Id. at 172. “Thus, the precipitating event, the placement of the juvenile outside the home, did not occur, and therefore, the trial court was not required to advise of the preparation of an initial services plan.” Id.

In addition, the court must direct the agency to identify, locate, notify, and consult with a child’s relatives to determine if placement with a relative would be in the child’s best interests.⁴¹ MCR 3.965(D). As part of the initial service plan, the child’s supervising agency must, within 30 days of removing the child from parental custody, “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.” MCL 722.954a(2). “Preference shall be given to an adult related to the child within the fifth degree by blood, marriage, or adoption provided the relative meets all relevant state child protection standards. The [DHHS] may make an exception to this preference only if good cause is shown. As used in this section, ‘good cause’ means any of the following:

(a) A request by 1 or both of the child’s parents to deviate from this preference.

(b) The child’s request, if the child is of sufficient age and capacity to understand the decision that is being made.

(d) The child’s physical, mental, or emotional needs, such as specialized treatment services that may be unavailable in the community where families who meet the placement preferences live.

(e) The distance between the child’s home and the proposed family placement would frustrate the reunification goal or otherwise impede permanency.” MCL 722.954a(2).⁴²

The court must also require the agency to provide the name and address of the child’s attending physician of record or primary care physician where a physician has diagnosed the child’s abuse or neglect as involving one or more of the following:

(1) failure to thrive;

(2) Munchausen syndrome by proxy;

(3) shaken baby syndrome;

(4) a bone fracture diagnosed as being the result of abuse or neglect; or

(5) drug exposure.⁴³ MCL 712A.18f(6); MCR 3.965(D).

The development of a case plan for a child is governed by a federal regulation implementing the Adoption and Safe Families Act (ASFA). Specifically, 45 CFR 1356.21(g) states:

“(g) Case plan requirements. In order to satisfy the case plan requirements of [42 USC 671(a)(16), 42 USC 675(1), and 42 USC 675(5)(A) and (D)], the State agency must promulgate policy materials and instructions for use by State and local staff to determine the appropriateness of and necessity for the foster care placement of the child. The case plan for each child must:

(1) Be a written document, which is a discrete part of the case record, in a format determined by the State, which is developed jointly with the parent(s) or guardian of the child in foster care; and

(2) Be developed within a reasonable period, to be established by the State, but in no event later than 60 days from the child’s removal from the home pursuant to [45 CFR 1356.21(k)];^[⁴⁴]

(3) Include a discussion of how the case plan is designed to achieve a safe placement for the child in the least restrictive (most family-like) setting available and in close proximity to the home of the parent(s) when the case plan goal is reunification and a discussion of how the placement is consistent with the best interests and special needs of the child. ([Federal financial participation] is not available when a court orders a placement with a specific foster care provider);

(4) Include a description of the services offered and provided to prevent removal of the child from the home and to reunify the family; and

(5) Document the steps to finalize a placement when the case plan goal is or becomes adoption or placement in another permanent home in accordance with [42 USC 675(1)(E), 42 USC 675(5)(E)]. When the case plan goal is adoption, at a minimum, such documentation shall include child-specific recruitment efforts such as the use of State, regional, and national adoption exchanges including electronic exchange systems.”

8.8Paren ting Time or Vis itation

If a child is removed from the parent’s custody at any time, the court must permit the child’s parent to have regular and frequent parenting time with his or her child of “not less than 1 time every 7 days[,]” MCL 712A.13a(13), unless:

(1) the court determines that “exigent circumstances require less frequent parenting time[,]” MCL 712A.13a(13); or

(2) the court determines that “parenting time, even if supervised, may be harmful to the [child’s] life, physical health, or mental well-being[,] . . . [in which case] the court may suspend parenting time until the risk of harm no longer exists[,]” MCL 712A.13a(13); or

(3) a petition requesting termination of the parent’s parental rights was filed, and the court suspends the subject parent’s parenting time,⁴⁵ MCL 712A.19b(4), MCR 3.965(C)(7)(a), MCR 3.977(D); or

(4) the child has a guardian or legal custodian, MCR 3.965(C)(7)(a).

Note: If a child was living with a guardian or legal custodian, the court must determine what, if any, visitation it will permit the guardian or legal custodian to have with the child. MCR 3.965(C)(7)(b).

A parent’s right to parenting time with his or her child at any time after the child is removed from the parent’s care applies even after adjudication, except under the circumstances stated in MCL 712A.13a(13). In re L Ott, 344 Mich App 723, 739 (2022). “An automatic suspension of parenting time for a positive drug screen for THC absent any examination of and determination under [relevant] statutory provisions^[^⁴⁶] is invalid.” Ott, 344 Mich App at 742. In Ott, the “[r]espondent’s use of marijuana did not justify the denial of her parenting time with [her child] unless the court determined that as a result of her marijuana use, parenting time, even if supervised, may have been harmful to [the child’s] life, physical health, or mental well-being.” Id. at 742-743. Under the circumstances in Ott, the trial court was obligated to make a determination as to the respondent’s parenting time and the child’s life, physical health, and mental well-being. Id. at 742.

“The court may order the [child] to have a psychological evaluation or counseling, or both, to determine the appropriateness and the conditions of parenting time.” MCL 712A.13a(13).

The supervising agency must institute a flexible schedule to allow for the occurrence of supervised in-home visitation outside of the traditional workday to accommodate the schedules of the individuals involved. MCL 722.954b(3).

“In a proceeding under [MCL 712A.2(b)] or [MCL 712A.2(c)], if a juvenile is removed from the parent’s custody at any time, the court shall permit the juvenile’s parent to have regular and frequent parenting time with the juvenile. Parenting time between the juvenile and the juvenile’s parent must not be less than 1 time every 7 days unless the court determines either that exigent circumstances require less frequent parenting time or that parenting time, even if supervised, may be harmful to the juvenile’s life, physical health, or mental well-being. If the court determines that parenting time, even if supervised, may be harmful to the [child’s] life, physical health, or mental well-being, the court may suspend parenting time until the risk of harm no longer exists. The court may order the juvenile to have a psychological evaluation or counseling, or both, to determine the appropriateness and the conditions of parenting time.” MCL 712A.18(1)(p).

A trial court is required “to permit ‘regular and frequent parenting time’ when a child is removed from a parent’s care,” even when the parent is incarcerated. In re Dixon (On Reconsideration), 347 Mich App 337, 361 (2023), quoting MCL 712A.13a(13) and MCL 712A.18f(3)(e). Under the circumstances in Dixon, the Court “reluctantly” affirmed the trial court’s initial refusal to transfer the child from the custody of the child’s foster parents to the custody of the person named by the father for placement of his child. Dixon, 347 Mich App at 362. However, the Court noted that “[g]oing forward, the [trial] court and the DHHS must tread carefully to avoid repeating their mistakes.” Id. at 361. The DHHS’s investigation of the placement the incarcerated father proposed was inadequate, and the Court ordered a reevaluation of the study and ordered that more details of the study be placed on the record. Id. at 361, 362. Additionally, the DHHS had failed to arrange for the father to have video visits with his child as the trial court had ordered, and the Court ordered that this failure “be rectified immediately.” Id. at 362. Further, the DHHS had done little to provide the incarcerated father with services “even after he was named as a respondent.” Id. at 362. “At the very least, the caseworker [was required to] provide available workbooks for father to complete, as [had] been done in many other cases involving incarcerated parents.” Id. at 362.

8.9Order for Exam ination or Eval uati on of Child, Parent, Gua rdian, or Legal Custodian

The court may order an evaluation or examination of a child or a parent, guardian, or legal custodian by a physician, dentist, psychologist, or psychiatrist. MCL 712A.12; MCR 3.923(B).

The privilege against self-incrimination in the Fifth Amendment to the United States Constitution may not be raised by a parent to prevent him or her from undergoing a psychological examination in child protective proceedings to determine if parental rights should be terminated. In re Johnson, 142 Mich App 764, 765-766 (1985).

8.10Place ment of Child

Not more than 90 days after the child’s removal, the supervising agency must make a placement decision and document the reason for the decision in writing.⁴⁷ MCL 722.954a(4)(a). The supervising agency must give written notice of the placement decision and supporting reasons to the following persons:

(1) the child’s attorney;

(2) the child’s guardian;

(3) the child’s guardian ad litem;

(4) the child’s mother;

(5) the child’s father;

(6) the attorneys for the mother and father;

(7) each relative who expresses an interest in caring for the child;

(8) the child, if he or she is old enough to express an opinion regarding placement; and

(9) the prosecuting attorney. MCL 722.954a(4)(b).

Placement is the “court-approved transfer of physical custody of a child to foster care,^[⁴⁸^] a shelter home, a hospital, or a private treatment agency.” MCR 3.903(C)(10).

The goal of a foster care placement is “not to create a new ‘family’ unit or encourage permanent emotional ties between the child and foster parents[, but rather] [f]oster care is designed to provide a stable, nurturing, noninstitutionalized environment for the child while the natural parent or caretaker attempts to remedy the problems which precipitated the child’s removal or, if parental rights have been terminated, until suitable adoptive parents are found.” Mayberry v Pryor, 422 Mich 579, 586-587 (1985).

Reasonable efforts must be made to place siblings together. MCL 712A.13a(14); MCL 722.954a(6). If siblings are not placed together or not all of the siblings were removed, reasonable efforts must be made to provide “at least monthly visitation or other ongoing contact” between the siblings, unless statutory requirements dictate otherwise. MCL 712A.13a(14); MCL 722.954a(6); MCL 722.954a(7). See Section 8.2(D) for a discussion on sibling placement and maintenance of sibling relationship.

A.Cha nge in Child’s Fo ster Care Placement

Where a child who is under the court’s or the Michigan Children’s Institute’s (MCI’s) jurisdiction, control, or supervision is placed in foster care, the agency must not change the child’s placement “before complying with the requirements of [MCL 712A.13b],” unless:

“(a) The person providing the foster care requests or agrees to the change.

(b) A contracted social services agency of a federally recognized tribal^[⁴⁹^] government is providing primary case management.

(c) Even if the person providing the foster care placement objects to a proposed change in placement, when 1 of the following applies:

(i) The court orders the child returned home.

(ii) The change in placement is less than 30 days after the child’s initial removal from the child’s home.

(iii) The court orders the child to be moved.

(iv) The child is an MCI ward and the move is a result of the MCI superintendent’s denial of consent to adoption by the caregiver.

(v) The child is an Indian child and the foster care placement or the proposed placement is within or to the placement preferences listed in [MCL 712B.23].

(vi) The change in placement is in accordance with other provisions in this section.” MCL 712A.13b(1).

Unless the provisions of MCL 712A.13b(1) are met, or there is an emergency change in a child’s foster care placement under MCL 712A.13b(7), the agency must comply with all of the following requirements before changing the child’s foster care placement:

(a) Notify the foster care review board (FCRB), under SCAO, of any proposed change in placement;⁵⁰

(b) Notify the foster parents of the intended placement change, inform them that if they disagree with the change, they may appeal within three days to a FCRB, and provide the foster parents with the address and telephone number of a FCRB with jurisdiction over the child;

(c) Maintain the current placement for not less than the three-day appeal period, and if the foster parents do appeal, then maintain the placement until the FCRB makes its determination;

(d) Notify the court with jurisdiction over the child, notify the child’s tribe, as applicable, and notify the child’s lawyer guardian ad litem of the proposed change in placement.⁵¹ MCL 712A.13b(2).

The agency’s notification under MCL 712A.13b(2)(d), which does not affect the DHHS’s placement discretion, must include all of the following information:

(i) The reason for the change in placement.

(ii) The number of times the child’s placement has been changed.

(iii) Whether the child will be required to change schools.

(iv) Whether the change will separate or reunite siblings or affect sibling visitation.

(v) If the child is an Indian child, the notice must also include:

(A) A statement that the child is an Indian child, and

(B) A list of active efforts the agency took to place the child in compliance with MCL 712B.23, including how the placement meets the standards appearing in MCL 712B.23(8). MCL 712A.13b(2)(d).⁵²

Indian children. If an Indian child not already removed from consideration of the FCRB under MCL 712A.13b(1)(b) or MCL 712A.13b(1)(c)(v), under the court’s jurisdiction pursuant to MCL 712A.2(b), or under MCI’s jurisdiction, control, or supervision, is placed in foster care, “the agency or MCI must not change the child’s placement or make a recommendation for placement change before notifying the Indian child’s tribe, and before a change in an Indian child’s foster care placement takes effect, the agency, or MCI, where applicable, must do all the following:

(a) Except as provided by [MCL 712A.13b(1)(c)(i), MCL 712A.13b(1)(c)(iii), or MCL 712A.13b(7)], the agency or MCI, where applicable, must notify an Indian child’s tribe at least 3 days before any proposed placement change of an Indian child. Notification under this subdivision may be given by ordinary mail and email to the designated Indian child welfare act agent with receipt 3 days before the beginning of the foster care review board investigation.

(b) At the time of or immediately following an Indian child’s removal under [MCL 712A.13b(7)⁵³], the agency or MCI must inform the Indian child’s tribe of the child’s placement.

(c) The agency, foster care review board, and MCI must comply with [MCL 712B.23] for any placement change, including a placement following a removal under [MCL 712A.13b(7)].” MCL 712A.13b(9).

B.Emer gency Ch ange in Foster Care Placement

The agency may change a child’s foster care placement without adhering to the requirements in MCL 712A.13b(1) or MCL 712A.13b(2)(b)-(c), where the agency responsible for the child’s care and supervision has reasonable cause to believe that:

• the child has suffered sexual abuse or nonaccidental physical injury while in a foster care placement; or

• there is substantial risk of harm to the child’s physical or emotional well-being in the foster care placement. MCL 712A.13b(7).⁵⁴

The agency must document in the child’s file its justification for the emergency placement change. Id.

The agency must inform the foster parent(s) at the time of removal or immediately thereafter of their option to appeal the change in placement. MCL 712A.13b(8). The agency must also provide the foster parent(s) with the address and telephone number of a foster care review board (FCRB) with jurisdiction over the child. Id. The foster parent may appeal the change in placement to the FCRB within three days after the child’s removal. MCL 712A.13b(7). Although the foster parent may appeal orally, a written appeal must be filed immediately thereafter. Id.

A child removed from a placement under MCL 712A.13b(7) shall not be returned to that foster care placement unless the court restores the placement after a hearing on an appeal under MCL 712A.13b(6), or the MCI Superintendent approves the placement restoration. MCL 712A.13b(5).

8.11Appe als of Fos ter Care Pla cement Changes

A.Appea ls to Foster Care Review Board

Before a change in a child’s foster care placement takes effect, a child placing agency must notify the foster parent(s) of the proposed change and of their option to appeal the proposed change to a foster care review board (FCRB) within three days.⁵⁵ MCL 712A.13b(2)(b). Except for emergency placement changes under MCL 712A.13b(7), the agency must not make any placement changes until after the three-day appeal period expires, and, if there is an appeal, until after the FCRB makes its determination. MCL 712A.13b(2)(c).

A foster parent may appeal orally but must submit a written appeal immediately thereafter. MCL 712A.13b(2)(b); MCL 712A.13b(7).

1.Investigation by Foster Care Review Board (FCRB)

The FCRB must investigate a proposed change in placement within seven days of an appeal under MCL 712A.13b(2) or MCL 712A.13b(7). MCL 712A.13b(3). The tribe of an Indian child must be invited to participate in the investigation, and the FCRB must comply with the best interests of the child standards and procedures that appear in MCL 712B.5.⁵⁶ MCL 712A.13b(4). The FCRB must report its findings and recommendations about the change, including whether the FCRB decides that the placement change is in the child’s best interests, within three days of completing the investigation. If the child is an Indian child, the report must include a statement that the child is an Indian child and a list of active efforts taken by the agency to place the child according to MCL 712B.23. MCL 712A.13b(3)(a)-(b). The FCRB must report its findings and recommendations to the court or the Michigan Children’s Institute (MCI) Superintendent (if the child is under the jurisdiction, supervision, or control of the MCI), foster care parent(s), parents, the tribe of an Indian child, and the agency. MCL 712A.13b(3). If the FCRB decides after its investigation that the move is in the child’s best interests, the agency may move the child. MCL 712A.13b(4).

2.Change in Child’s Placement Pending Appeal to Family Division

If, after investigation, the FCRB determines that the change in the child’s foster care placement is not in the child’s best interest, the child placing agency must maintain the child’s current placement until a finding and order by the court or a decision by the MCI Superintendent (if the child is under the jurisdiction, supervision, or control of the MCI). MCL 712A.13b(5). If the child placing agency removed a child under MCL 712A.13b(7), the child placing agency must not return the child to the foster care placement from which the child was removed unless the court orders a placement restoration or the MCI Superintendent approves a placement restoration. MCL 712A.13b(5).

The FCRB must notify the court or the MCI Superintendent (if the child is under the jurisdiction, supervision, or control of the MCI) about the disagreement between the FCRB and the child placing agency. Id.

B.Appeals to Family Division or Michigan Children’s Institute (MCI) Superintendent

1.Court’s Re view

Upon receipt of notice from the FCRB of its disagreement with the child placing agency’s proposed change, the court must set a hearing date and provide notice of the scheduled hearing to:

• The child’s foster parent(s);

• Each interested party; and

• The prosecuting attorney (if the prosecuting attorney has appeared in the case). MCL 712A.13b(5); MCR 3.966(C)(1)-(2).

“The court shall set a hearing no sooner than 7 and no later than 14 days after receipt of the notice from the [FCRB].” MCL 712A.13b(5). See also MCR 3.966(C)(2)(a). The Rules of Evidence do not apply, and the court may hear testimony from the child placing agency and any other interested party, including an Indian child’s tribe. MCL 712A.13b(5)-(6); MCR 3.966(C)(2)(c). The court may also consider any other evidence relevant to the proposed change in the child’s foster care placement. MCL 712A.13b(6); MCR 3.966(C)(2)(c).

The court must order the child’s foster care placement continued or restored unless it finds that the proposed change in placement is in the child’s best interests. MCL 712A.13b(6); MCR 3.966(C)(2)(d).

2.MCI Superi ntendent’s Review

If the child is subject to MCI jurisdiction, control, or supervision, the MCI Superintendent must make a decision regarding a child’s placement within 14 days of receiving notice from the FCRB of its disagreement with the child placing agency’s proposed change. MCL 712A.13b(5). The MCI Superintendent must also inform all interested parties of its decision. Id.

8.12Revi ew of Pl acement and In itial Ser vice Plan

On any party’s motion, the court must review custody orders, placement orders, and Initial Service Plans and may modify these orders and plans if it is in the child’s best interests. MCL 712A.13a(17); MCR 3.966(A)(1). If the court receives a request for a child’s removal from his or her parent(s), guardian, or legal custodian, “at the hearing on the motion, the court shall follow the placement procedures in MCR 3.965(B) and [MCR 3.965](C).”^⁵⁷ MCR 3.966(A)(1).

Note: In child protective proceedings, MCR 3.903(A)(19)(b) defines party to include “the petitioner, child, and respondent” and “the parent, guardian, or legal custodian.”

If a child is removed from the home before the dispositional phase is complete, “the court shall conduct a dispositional hearing in accordance with MCR 3.973.”⁵⁸ MCR 3.966(A)(2).

A.Petit ion for Review of Placement Decision

Not more than 90 days after the child’s removal, the supervising agency must make a placement decision, document the reasons for the decision in writing, and provide notice of the placement decision.⁵⁹ MCL 722.954a(4).

A person receiving the supervising agency’s notice of the placement decision “may request in writing, within 5 days, documentation of the reasons for the decision[.]” MCL 722.954a(9). If the person disagrees with the supervising agency’s placement decision, he or she may request the child’s attorney to review the supervising agency’s decision to determine whether the placement decision is in the child’s best interest. Id. If the child’s attorney determines that the supervising agency’s placement decision is not in the child’s best interest, the attorney must, within 14 days following the date of the decision, petition the court that ordered the out-of-home placement for a review hearing. Id.; MCR 3.966(B)(1)(e), (2).

Within seven days of the date of the petition, the court must begin a review hearing; the hearing must be on the record. MCR 3.966(B)(3). The court may review the supervising agency’s placement decision once all of the following have been met:

“(a) a child has been removed from the home;

(b) the supervising agency has made a placement decision after identifying, locating, and consulting with relatives to determine placement with a fit and appropriate relative who would meet the child’s developmental, emotional, and physical needs as an alternative to nonrelative foster care;

(d) a person receiving notice has disagreed with the placement decision and has given the child’s lawyer-guardian ad litem written notice of the disagreement within 5 days of the date on which the person receives notice; and

(e) the child’s lawyer-guardian ad litem determines the decision is not in the child’s best interest.” MCR 3.966(B)(1).

B.Review of Placement in a Qualified Residential Treatment Program

“Within 45 days of the child’s initial placement in a qualified residential treatment program, the Agency shall file an ex parte motion requesting the court to approve or disapprove of the placement.” MCR 3.966(D)(1). The motion must contain the qualified individual’s assessment, determination, and documentation made by the qualified individual. MCR 3.966(D)(1)(a). “The Agency shall serve the ex parte motion and accompanying documentation on all parties.” MCR 3.966(D)(1)(b). See also MCL 722.123a(3) (requiring court or its appointed administrative body to approve or disapprove the placement).“The court is not required to hold a hearing on the ex parte motion under [MCR 3.966(D)].” MCR 3.966(D).

The court, or an administrative body authorized or appointed by the court independently, must review the motion within 14 days of its filing. MCR 3.966(D)(2). The court or administrative body must also review any documentation in support of the motion. Id.; see also MCL 722.123a(3)(a). Following the review of the motion and documentation, the court or administrative body must issue an order approving or disapproving of the placement. Id.; MCL 722.123a(3)(c). The order issued must include a court’s or an administrative body’s individualized findings concerning the following:

“(a) whether the needs of the child can be met in a foster family home, or if not,

(b) whether the placement of the child provides the most effective and appropriate level of care for the child in the least restrictive environment, and

(c) whether the placement is consistent with the goals in the permanency plan for the child.” MCR 3.966(D)(2). See also MCL 722.123a(3)(b).

The court’s or administrative body’s written documentation of the determination and QRTP approval or disapproval must be made part of the child’s case plan. MCL 722.123a(4). The court must serve all parties with the order. MCR 3.966(D).

C.U sage of Videocon ferencing 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.

8.13In terstate Com pact on the Placement of Children (ICPC)

The Interstate Compact on the Placement of Children (ICPC), MCL 3.711 et seq., “ensures protection and services to children placed across state lines for parental, foster care, adoption and residential placements by establishing procedures that verify placements are safe, suitable and able to provide proper care given the needs of the child.” DHHS’s Interstate Compact Manual (ICM), Interstate Compact on the Placement of Children (ICPC) Overview ICM 100, p 1.⁶⁰ The ICPC became effective in Michigan on May 29, 1984. MCL 3.711.

Note: MCL 3.711, Article II(a) defines child as “a person who, by reason of minority, is legally subject to parental, guardianship, or similar control.”

MCL 3.711, Article II(d) defines placement as “the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective, or epileptic or any institution primarily educational in character, and any hospital or other medical facility.”

The purpose of the ICPC is to provide a legal framework and protections for children being placed across state lines. See MCL 3.711, Article I(a)-Article I(d). Limitations on the ICPC include:

“(a) The sending or bringing of a child into a receiving state by the child’s parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or the child’s guardian and leaving the child with any such relative or nonagency guardian in the receiving state.

(b) Any placement, sending, or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between said states which has the force of law.” MCL 3.711, Article VIII.

A.Pla cement Conditions

A sending agency must not place a child in foster care or preadoptive placement unless the sending agency complies with the ICPC placement conditions and the receiving state’s governing laws. MCL 3.711, Article III(1).

Note: MCL 3.711, Article II(b) defines a sending agency as “a party state, or officer or employee thereof; a subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency, or other entity which sends, brings, or causes to be sent or brought any child to another party state.”

MCL 3.711, Article II(c) defines a receiving state as “the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons.”

Before a child is placed in a foster care or a preadoptive placement, the sending agency must provide written notice of the intent to place the child in the receiving state. MCL 3.711, Article III(2). The notice must contain:

(1) The child’s name, date, and place of birth.

(2) The identity and address(es) of the parents or legal guardian.

(3) The individual’s, agency’s, or institution’s name and address where the child is being placed.

(4) A statement indicating the reasons for the placement.

(5) Evidence supporting the authority for placement.

(6) Any additional evidence the receiving state requests. MCL 3.711, Article III(2)-(3).

The sending agency must not place the child in the receiving state until it receives written notice that the proposed placement is not contrary to the child’s interests. MCL 3.711, Article III(4). When Michigan is the receiving state, the Department of Health and Human Services (DHHS) must send written approval for placement of a child in a home of an unrelated person. MCL 3.716; MCL 400.115c. If the intent of the placement is for adoption, the court’s approval is also required. MCL 400.115c.

B.Pen alty for Illegal Placement

Violating any of the ICPC conditions will result in a violation of the ICPC in both the receiving state and the sending agency’s state. MCL 3.711, Article IV. Either the receiving state or the sending agency’s state may exercise jurisdiction over the violation in accordance with its laws. Id.

Any violation of the ICPC constitutes full and sufficient grounds for the suspension or revocation of the sending agency’s license, permit, or other legal authority under which the agency places or cares for children. MCL 3.711, Article IV.

C.Retention of Jurisdiction

1.Sending Age ncy Located in Michigan

A sending agency located in Michigan must retain jurisdiction over a child:

(1) Sufficient to determine all matters relating to the custody, supervision, care, treatment, and disposition of the child, which it would have had if the child had remained in Michigan, until the child is adopted, reaches majority, becomes self-supporting, or is discharged with the concurrence of the appropriate authority in the receiving state.

(2) Including the power to effect or cause a child’s return or transfer to another placement.

(3) Including financial responsibility for support and maintenance of the child during the period of placement. MCL 3.711, Article V(1).

However, a receiving state exercising jurisdiction over a delinquent child or a criminal matter takes precedence over a sending agency’s retained jurisdiction. MCL 3.711, Article V(1).

2.Placem ent Made in Michigan

The sending agency must send its requests for home study and placement through the Michigan Interstate Compact Office.⁶¹ See Michigan Interstate Compact Office for contact information.⁶² The home study:

“• Must be conducted and completed within 60 days of receipt of the request by the interstate compact office

• Must include an assessment of the safety and suitability of the home and address the extent to which placement in the home would meet the needs of the child.” DHHS’s Interstate Compact Manual (ICM), Interstate Compact on the Placement of Children (ICPC) Overview ICM 100, p 1.⁶³

Actual placement of the child is not made until after the training requirements are met and the ICPC Office gives its approval. DHHS’s Interstate Compact Manual (ICM), Interstate Compact on the Placement of Children (ICPC) Overview ICM 100, pp 1-2.⁶⁴

8.14Place ment of Chi ld Pursuant to Safe Delivery of Newborns Law

The Safe Delivery of Newborns Law (SDNL) permits a parent to leave a newborn with an emergency provider ⁶⁵ without expressing an intent to return for the newborn. See MCL 712.1(2)(n) (defining surrender). The SDNL, MCL 712.1 et seq., governs the procedures for surrendering a newborn. According to MCL 712.1(2)(k), a newborn is “a child who a physician reasonably believes to be not more than 72 hours old.” The SDNL does not define the terms parent, surrendering parent, or nonsurrendering parent. In re Miller, 322 Mich App 497, 503 (2018).

If a parent surrenders a child who may be a newborn to an emergency service provider, the emergency service provider must assume the child is a newborn and immediately take the newborn into temporary protective custody. MCL 712.3(1). An emergency service provider that is not a hospital that takes a newborn into temporary protective custody must transfer the newborn to a hospital. MCL 712.5(1).

Note: Although MCL 722.623 requires that suspected child abuse or child neglect be reported,⁶⁶ the reporting requirement does not apply to a newborn surrendered to an emergency service provider. MCL 712.2(2).

A hospital must accept an emergency service provider’s transfer of a newborn. MCL 712.5(1). A hospital that takes a newborn into temporary protective custody must have the newborn examined by a physician. MCL 712.5(2). If the examining physician determines that there is reason to suspect the newborn experienced neglect or abuse (other than the parent surrendering the child to an emergency service provider), or if the examining physician believes the child is not a newborn, the physician must immediately report the suspected child abuse to the DHHS. MCL 712.5(2). However, if the examining physician does not suspect child abuse, the hospital must notify a child placing agency that it has taken a newborn into temporary protective custody. MCL 712.5(3). If the newborn is surrendered ⁶⁷ under the SDNL, the hospital is required to report the live birth “in the same manner as provided in [MCL 333.2822(1)(a)], except that the parents must be listed as ‘unknown’ and the newborn must be listed as ‘Baby Doe’.” MCL 333.2822(1)(c). See also In re Miller, 322 Mich App 497, 501 n 1 (2018) (noting that “a birth certificate for a newborn surrendered under the SDNL must list the parents as ‘“unknown”’ and the newborn as ‘“Baby Doe”’”).

Once the hospital informs a child placing agency that it has taken a newborn into temporary protective custody, MCL 712.7 requires a child placing agency to do all of the following:

(1) Immediately assume the care, control, and temporary protective custody of the newborn.

(2) Immediately meet with a parent, if the parent’s identity is known and he or she is willing.

(3) Temporarily place the newborn with a prospective adoptive parent who has an approved preplacement assessment or a licensed foster parent if a petition for custody has been filed. See Section 8.14(B) for a detailed discussion of a petition for custody.

(4) Unless the emergency service provider witnessed the birth, immediately request law enforcement assistance to investigate and determine whether the newborn is a missing child.

(5) Within 48 hours of transferring physical custody to a prospective adoptive parent, petition the court in the county in which the prospective adoptive parent resides to provide authority to place the newborn and provide care for the newborn.⁶⁸ The petition must include all of the following:

(a) The transfer date of physical custody.

(b) The emergency service provider’s name and address.

Note: The emergency service provider that originally accepted the newborn must provide this information to the child placing agency. MCL 712.7(e)(iii).

(6) Make reasonable efforts to identify, locate, and provide notice of the newborn’s surrender to the nonsurrendering parent within 28 days of receiving notice from the hospital that it had taken temporary protective custody of the newborn.

(7) File a written report with the court that issued the order placing the newborn, indicating the efforts made to identify and locate the nonsurrendering parent and the result of those efforts.⁶⁹

Note: If the identity and address of the nonsurrendering parent are unknown, the child placing agency must provide notice of the newborn’s surrender by publication in a newspaper of general circulation in the county where the newborn was surrendered. MCL 712.7(f).

A.Im munity From Civil Damages

Except for an act or omission constituting gross negligence ⁷⁰ or willful or wanton misconduct, a hospital and a child placing agency, and their agents or employees, are immune in a civil action for damages for an act or omission in accepting or transferring a newborn. MCL 712.2(4).

Note: To the extent the Governmental Liability for Negligence Act, MCL 691.1401 et seq., does not protect a fire department’s or police station’s employee or contractor, MCL 712.2(4) extends the same immunity to them that a hospital’s or child placing agency’s employee or agent receives.

B.Peti tion for Custody

1.Petition Requirements

A parent who surrenders custody of a newborn to an emergency service provider may file a petition with the court for custody of the newborn within 28 days after the newborn was surrendered. MCL 712.10(1).

A nonsurrendering parent, claiming to be the newborn’s parent and wanting custody of the newborn, must file a petition for custody not more than 28 days after notice of surrender is published. MCL 712.10(1). See Section 8.14(C).

Note: A nonsurrendering parent whose petition for custody was included in a complaint for divorce filed before the child was born has not timely filed a petition for custody of the surrendered newborn as is required by MCL 712.10(1). In re Baby Boy Doe, 509 Mich 1056, 1059 (2022). The statutory language used in MCL 712.10 demonstrates the Legislature’s intent that a petition for custody of a newborn surrendered under the SDNL be made after the child is born; a petition for custody filed before a child is born does not constitute the petition for custody contemplated by MCL 712.10(1). Baby Boy Doe, 509 Mich at 1058.

A parent’s petition for custody ⁷¹ must be filed in one of the following counties:

(1) The county where the newborn is located.

(2) If the newborn’s location is unknown, the county where the emergency service provider to whom the newborn was surrendered is located, if known.

(3) If the newborn or the emergency service provider to whom the newborn was surrendered cannot be located, the county where the parent is located. MCL 712.10(1).

If the petition for custody is filed in a court that did not issue the order placing the newborn, it must transfer the proceedings to that court. MCL 712.10(2).

2.Hearing to Determine Maternity or Paternity

Within seven days of a surrendering or nonsurrendering parent’s petition for custody and before holding a custody hearing on the petition, the court must conduct a hearing to determine the newborn’s biological parents. MCL 712.10(3).

If a petition for custody is filed, the court must order the newborn and each party claiming paternity or maternity to submit to “blood or tissue typing determinations or DNA identification profiling[.]”⁷² MCL 712.11(1)-(2).

Note: A party claiming maternity need not submit to a DNA identification profiling or blood or tissue typing when an emergency service provider witnesses the birth and “sufficient documentation exists to support maternity[.]” MCL 712.11(2).

The court may order the petitioner to pay all or part of the cost of the paternity or maternity testing. MCL 712.11(4).

Maternity or paternity is presumed when the test results show a probability of 99 percent or higher and the DNA identification profile and summary report are admissible. MCL 712.11(3). A petitioner may move for summary disposition on the issue of maternity or paternity.⁷³ Id.

If the DNA identification profile and summary report are admissible and establish that the petitioner is not the newborn’s parent, the court must dismiss the petition for custody. MCL 712.11(5).

3.Hearing to Determine Custody

After a petition for custody is filed and the court enters an order determining the newborn’s biological parents, the court must hold a hearing to determine custody. See MCL 712.10(3).

The court must determine custody based on the newborn’s best interests. MCL 712.14(1). With the goal of achieving permanence for the newborn at the earliest possible date, the court must consider, evaluate, and make a finding on each of the following factors:

“(a) The love, affection, and other emotional ties existing between the newborn and the parent.

(b) The parent’s capacity to give the newborn love, affection, and guidance.

(c) The parent’s capacity and disposition to provide the newborn with food, clothing, medical care, or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.

(d) The permanence, as a family unit, of the existing or proposed custodial home.

(e) The parent’s moral fitness.

(f) The parent’s mental and physical health.

(g) Whether the parent has a history of domestic violence [as defined in MCL 400.1501(d)(i)-(iv)].

[Note: MCL 400.1501(d) defines domestic violence as “the occurrence of any of the following acts by an individual that is not an act of self-defense:

“(i) Causing or attempting to cause physical or mental harm to a family or household member.

(ii) Placing a family or household member in fear of physical or mental harm.

(iii) Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress.

(iv) Engaging in activity toward a family or household member that would cause a reasonable individual to feel terrorized, frightened, intimidated, threatened, harassed, or molested.”]

(h) If the parent is not the parent who surrendered the newborn, the opportunity the parent had to provide appropriate care and custody of the newborn before the newborn’s birth or surrender.

(i) Any other factor considered by the court to be relevant to the determination of the newborn’s best interest.” MCL 712.14(2).

After a review of the newborn’s best interest factors, the court may issue an order ⁷⁴ that does one of the following:

(1) Grants the parent legal or physical custody, or both, and:

(a) The court retains jurisdiction; or

(b) The court relinquishes jurisdiction.

(2) Orders the child placing agency to petition the court for jurisdiction under MCL 712A.2(b) if the court determines that granting custody to the petitioning parent is not in the newborn’s best interest.

(3) Dismisses the petition. MCL 712.15.

C.No Pare ntal Request for Custody

A parent who surrenders a newborn and does not file a petition for custody within 28 days of the surrender is presumed to have knowingly released his or her parental rights to the newborn. MCL 712.10(1); MCL 712.17(1). Once the 28 days have expired, the child placing agency with authority to place the newborn must immediately file a petition with the court to determine whether the release must be accepted and whether the court must enter an order terminating the surrendering parent’s parental rights.⁷⁵ MCL 712.17(2).

If a nonsurrendering parent fails to file a petition for custody of the newborn within 28 days of notice of the surrender was published, the child placing agency with authority to place the newborn must immediately petition the court to determine whether the court must enter an order terminating the nonsurrendering parent’s parental rights. MCL 712.17(3).

The court must schedule a hearing on the petition from the child placing agency within 14 days of receiving the child placing agency’s petition. MCL 712.17(4). At the hearing, the child placing agency must present evidence that demonstrates that the surrendering parent released the newborn and that demonstrates the efforts made by the child placing agency to identify, locate, and provide notice to the nonsurrendering parent. Id. The court must terminate the surrendering and nonsurrendering parents’ parental rights ⁷⁶ if it finds by a preponderance of the evidence that the child placing agency demonstrated all of the following:

(1) The surrendering parent knowingly released his or her rights to the newborn.

(2) Reasonable efforts were made to locate the nonsurrendering parent.

(3) A custody action had not been filed. MCL 712.17(5).

The SDNL applies to the mother and the legal father of the surrendered child in its termination proceedings. In re Miller, 322 Mich App 497, 504, 506-507 (2018) (reversing the trial court’s order denying a child placement agency’s petitions to terminate the parental rights of the surrendering parent and the nonsurrendering parent based on the conclusion that the SDNL only applied to the mother of the surrendered children but not to the legal father). “‘[A] child may have only one legal father,’ so the legal father is presumed to be the mother’s husband until that presumption is defeated, [and the SDNL] tests this presumption through DNA testing of ‘each party claiming paternity’ and attempting to gain custody of the child, leaving only one as the true legal father.” Id. at 505-506 (explaining that “[i]f the trial court terminates the parental rights of the nonsurrendering parent and the husband of the surrendering mother later seeks to assert his parental rights, he would have to demonstrate that he was not the biological father to show that the order terminating parental rights did not apply to him[; h]owever, in doing so, he would be defeating the presumption of paternity, and he would be without parental rights to assert to disrupt an adoption”) (citations omitted).

D.Clo sed Hearin gs and Con fidentiality of Records

All hearings held under the SDNL are closed to the public. MCL 712.2a(1).

Records of the proceedings and all of the child placing agency’s records created under the SDNL are confidential. MCL 712.2a(1)-(2).

Note: Records of the proceedings are available to parties to the proceedings. MCL 712.2a(1).

Any individual who discloses information made confidential under MCL 712.2a(1) or MCL 712.2a(2) without a court order or specific authorization under federal or state law is civilly liable for damages proximately caused by the disclosure and is guilty of a misdemeanor. MCL 712.2a(3).

E.App licability of Other Law

The Child Custody Act or a provision found in another chapter of the Probate Code does not apply to SDNL proceedings unless the SDNL expressly provides otherwise. MCL 712.2(3).

F.Safe Deliv ery of Newborns Program

The Michigan Department of Community Health (MDCH) and the DHHS operate a safe delivery of newborns program. See MCL 712.20. For additional information on the safe delivery of newborns program, see http://www.michigan.gov/dhs/0,1607,7-124-5452_7124_7200---,00.html.

8.15Unr egulated Custo dy Transfer

“Except as provided in [MCL 750.136c(4) and MCL 750.136c(5)], a person shall not do any of the following, whether or not the person receives money or other valuable consideration for doing so:

“(a) Transfer or attempt to transfer the legal or physical custody of a child with the intent to permanently divest a parent of parental responsibility, except by order of a court of competent jurisdiction.

(b) Arrange for or assist in the permanent transfer, adoption, adoptive placement, or any other permanent physical placement of a child, except for the performance of adoption activities under . . . MCL 722.111 to [MCL] 722.128, in the performance of the person’s duties.

“[MCL 750.136c(3)] does not apply to services provided by an adoption attorney relating to a court supervised adoption proceeding under . . . MCL 710.21 to [MCL] 710.70, or to an adoption attorney providing services under any of the circumstances described under [MCL 750.136c(5)].” MCL 750.136c(4).

In addition, “[MCL 750.136c(3)] does not apply to the placement of a child under 1 or more of the following conditions:

(a) With a relative, a child placing agency, or the [DHHS].

(b) By a child placing agency or the [DHHS].

(d) In which the child will be returned in less than 180 days.

(e) With the specific intent that the child will be returned, that the placement benefits the child, and that it is based on the temporary needs of the family, including, but not limited to, 1 or more of the following:

(i) Respite for the child and family.

(ii) A vacation or school-sponsored activity or function.

(iii) A temporary inability of the parent or legal guardian to provide care for the child due to incarceration, military service, medical treatment, or other incapacity of the parent or legal guardian.

(f) In accordance with . . . MCL 710.21 to [MCL] 710.70.” MCL 750.136c(5).

Note: MCL 700.5103(1) permits a parent or guardian through a properly executed power of attorney to “delegate to another person, for a period not exceeding 180 days, any of the parent’s or guardian’s powers regarding care, custody, or property of the minor child or ward, except the power to consent to adoption of a minor ward or to release of a minor ward for adoption.”^⁷⁸ But see MCL 700.5103(2), which prevents a parent from “knowingly and intentionally delegat[ing] his or her powers under [MCL 700.5103] regarding care and custody of the parent’s minor child for longer than 180 days for the purpose of permanently transferring custody of the child in violation of [MCL 750.136c(3)][;]” MCL 700.5103(3), which provides an exception to the 180-day period for parents or guardians serving in the United States armed forces and on deployment to a foreign nation. MCL 750.136c(4).

“A person who violates [MCL 750.136c] is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $100,000.00, or both.” MCL 750.136c(6).

1. See Section 7.6(B) for information on petition authorization.

2. See also MCL 712A.2(i), which permits, “[i]n a proceeding under [the Juvenile Code] concerning a juvenile’s care and supervision, the court [to] issue orders affecting a party as necessary[ until] . . . May 1, 2018.” For purposes of child protective proceedings, 712A.2(i)(MCL ii) defines party as “the petitioner, department, child, respondent, parent, guardian, or legal custodian, and any licensed child caring institution or child placing agency under contract with the department to provide for a juvenile’s care and supervision.”

3. See Section 8.1(B) and Section 8.4 for more information on making these findings.

4. See Section 7.6(E) for the definition of nonparent adult.

5. “‘Sex [O]ffenders [R]egistration [A]ct’ means the [S]ex [O]ffenders [R]egistration [A]ct, . . . MCL 28.721 to [MCL] 28.730.” MCL 712A.13a(1)(k).

6. For purposes of MCL 712A.13a, foster care is “care provided to a juvenile in a foster family home, foster family group home, or child caring institution licensed or approved under . . . MCL 722.111 to [MCL] 722.128, or care provided to a juvenile in a relative’s home under a court order.” MCL 712A.13a(1)(e).

7. For additional information on contrary to the welfare findings, see Section 8.3.

8. For additional information on reasonable efforts findings, see Section 8.4.

9. If the child is of Indian heritage, see Section 19.13 for preferred placements of Indian children.

10.See, e.g., In re Shimmons/Hare, ___ Mich App ___, ___ (2026): “By deferring to its factual findings from the procedurally defective, pseudo-emergency removal hearing . . . , the trial court offered respondent no ‘opportunity to be heard’ at a hearing held ‘at a meaningful time and in a meaningful manner,’” as required under MCR 3.965(C)(1). In Shimmons, ___ Mich App at ___, the trial court erred when it ordered respondent’s children removed from her care without “hold[ing] a procedurally valid emergency removal hearing.” Further, the trial court failed to “follow[] the notice requirements for an ordinary preliminary hearing.” Id. at ___.

11. For additional information on contrary to the welfare findings, see Section 8.3.

12. MCR 3.965(B)(13)(b) mirrors the placement preferences for Indian children under the ICWA as outlined in 25 USC 1915(b), and the MIFPA as outlined in MCL 712B.23(1). See Section 19.13.

13. See Section 8.7 for more information on Initial Service Plans.

14.Relative placements are also known as kinship care, i.e., “the provision of full time nurturing and protection of children by adults other than parents who have a family relationship bond with the children.” Child Welfare League of American, 1994. For additional information on Kinship Care, see the Michigan State University Kinship Care Resource Center.

15.The definition of relative under MCL 712A.13a(1)(j) includes “fictive kin.” See In re CJM, ___ Mich App ___, ___ (2024) (2022 PA 200, effective October 7, 2022, “expanded the definition of ‘relative’ to include certain ‘fictive kin’” as defined in 712A.13a(1)(j)(MCL ii)). “‘[R]elative’ under MCL 712A.13a(1)(j) now includes a biological parent.” In re Boshell/Shelton, ___ Mich App ___, ___ (2025).

16. MCL 722.952(m) defines supervising agency as “the [DHHS] if a child is placed in the [DHHS’s] care for foster care, or a child placing agency in whose care a child is placed for foster care.”

17.Note: MCL 722.954a does not provide a specific definition of relative nor does it indicate that any persons other than those related to the child within the fifth degree by blood, marriage, or adoption may be considered relatives for purposes of placement under MCL 722.954a.

18. See Section 2.4(F) for a discussion on accessing information from the Law Enforcement Information Network (LEIN), and Section 2.6(J) for a discussion on accessing information from the DHHS Registry.

19.“A relative caregiver or adult household member identified as a perpetrator on Central Registry is not disqualified from placement consideration. Children may be placed with the relative listed on Central Registry after director approval of the DHS-3130A and the expunction of the caregiver/adult household member’s Central Registry history.” DHHS’s Children’s Foster Care Manual (FOM), Relative Engagement and Placement FOM 722-03B, p 10. DHS-3130A is the Relative Placement Home Study form and is available here.

.Foster care is “24-hour a day substitute care for children placed away from their parents, guardians, or legal custodians, and for whom the court has given the Department of Health and Human Services [DHHS] placement and care responsibility, including, but not limited to,

(a) care provided to a child in a foster family home, foster family group home, or child caring institution licensed or approved under MCL 722.111 et seq.,[] or

(b) care provided to a child in a relative’s home pursuant to an order of the court.” MCR 3.903(C)(5). See also MCL 712A.13a(1)(e).

21. If the department grants a variance, a private home’s licensure status does not change. MCL 722.118b(3).

22.“The AWOLP system is managed by the State Court Administrative Office and is available through the Michigan Court Application Portal. Each circuit court has an administrator who may request access to the AWOLP system for court staff, as well as local Department of Health and Human Services (DHHS) and private agency workers.” AWOLP Resources, AWOLP Case Reporting.

23.Foster care is “24-hour substitute care for a child placed away from his or her parent or guardian and for whom the title IV-E agency has placement and care responsibility.” MCL 722.123a(9)(a).

24.A “qualified individual” is “a trained professional or licensed clinician who is not an employee of the department and who is not connected to, or affiliated with, any placement setting in which children are placed by the department. The department may seek a waiver from the [United States Secretary of the Department of Health and Human Services] to approve a qualified individual who does not meet the criteria in this subdivision to conduct the assessment. The individual must maintain objectivity with respect to determining the most effective and appropriate placement for the child.” MCL 722.123a(9)(b)-(c).

25. “[T]he requirement that the state obtain a judicial determination that it was contrary to the welfare of the child to remain in the home for purposes of Title IV-E foster-care funding eligibility [is] not triggered” until a child is “removed from the home and placed into foster care[.]” Ayotte v Department of Health and Human Services, 326 Mich App 483, 485, 495 (2018) (“because the temporary detention order [to serve three days in a juvenile detention center] issued against [then 16-year-old] plaintiff [for committing domestic violence against his mother] was not an order removing him from his home and into foster care, the fact that this order did not include a ‘contrary to the welfare’ finding, see 42 USC 672(a)(2)(A)(ii), does not preclude plaintiff’s eligibility for Title IV-E foster-care funding”; “[i]t was the [subsequent] order that indicated that plaintiff’s removal from the home and into care was justified based on adverse family circumstances,” which contained the requisite language making the plaintiff eligible for Title IV-E foster-care funding).

26. See Section 3.1(A) and Section 14.1 for further discussion of these requirements.

27. See Section 7.6(C) for information on ordering an alleged abuser from a child’s home.

28.See the Department of Health & Human Services, Children’s Bureau Letter to Child Welfare and Judicial Leaders, which details the judicial determinations and proceedings that must be held in order to satisfy Title IV-E requirements as well as suggestions for ensuring courts continue “to practice in a manner consistent with constitutional principles and to serve the best interest of children[.]”

29. See Section 7.3(A) for the list of aggravated circumstances set out in MCL 722.638(1)-(2).

30. For information on the Sex Offenders Registration Act (SORA), MCL 28.721 et seq., including a list of who must register under SORA, see the Michigan Judicial Institute’s Sexual Assault Benchbook, Chapter 9.

31.MCL 722.622(f), part of the Child Protection Law, defines ‘child’ as “an individual under 18 years of age.” See also Simonetta, 340 Mich App at 709. “Similarly, the Michigan adoption code under the Probate Code defines ‘child’ as ‘an individual less than 18 years of age.’” Id. at 709, citing MCL 710.22(j).

32. MCR 3.903(C)(5) defines foster care as “24-hour a day substitute care for children placed away from their parents, guardians, or legal custodians, and for whom the court has given the Department of Health and Human Services placement and care responsibility, including, but not limited to, (a) care provided to a child in a foster family home, foster family group home, or child caring institution licensed or approved under MCL 722.111 et seq., or (b) care provided to a child in a relative’s home pursuant to an order of the court.” See also MCL 712A.13a(1)(e).

33. MCL 722.952(m) defines supervising agency as “the [Department of Health and Human Services (DHHS)] if a child is placed in the [DHHS’s] care for foster care, or a child placing agency in whose care a child is placed for foster care.”

34. The placement order may specify providers by profession or type of institution. MCL 712A.13a(19)(b).

35.The specific definitions of mental health professional to which MCL 722.954a(4) refers now appear in MCL 330.1100b(19)(a)-(b) and MCL 330.1100b(19)(d). See 2020 PA 285 and 2020 PA 402, effective March 24, 2021.

36. See MCL 712A.12 and MCR 3.923(B), which also permit the court to order an assessment or psychological evaluation of a child.

37. The placement order may specify providers by profession or type of institution. MCL 712A.13a(19)(b).

38. For purposes of the Child Care Licensing Act, MCL 722.111 et seq., “[d]epartment means the department of health and human services and the department of licensing and regulatory affairs or a successor agency or department responsible for licensure under this act. The department of licensing and regulatory affairs is responsible for licensing and regulatory matters for child care centers, group child care homes, family child care homes, children’s camps, and children’s campsites. The department of health and human services is responsible for licensing and regulatory matters for child caring institutions, child placing agencies, children’s therapeutic group homes, foster family homes, and foster family group homes.” MCL 722.111(m).

39. A child care organization is “a governmental or nongovernmental organization having as its principal function receiving minor children for care, maintenance, training, and supervision, notwithstanding that educational instruction may be given. Child care organization includes organizations commonly described as child caring institutions, child placing agencies, children’s camps, children’s campsites, children’s therapeutic group homes, child care centers, day care centers, nursery schools, parent cooperative preschools, foster homes, group homes, or child care homes.”MCL 722.111(b).

40. A child caring institution is “a child care facility that is organized for the purpose of receiving minor children for care, maintenance, and supervision, usually on a 24-hour basis, in buildings maintained by the child caring institution for that purpose, and operates throughout the year. . . . Child caring institution also includes an institution for developmentally disabled or emotionally disturbed minor children.” MCL 722.111(c).

41. See Section 8.2 for a detailed discussion of relative placements.

42.The placement preferences in MCL 722.954a “do[] not supersede the placement preferences in the Michigan Indian family preservation act [MIFPA].” MCL 722.954a(10). MIFPA, as used in MCL 722.954a, appears in MCL 712B.1 to MCL 712B.41. MCL 722.954a(11).

43. See Section 13.5.

44. The 60-day period is calculated from the child’s actual or constructive removal from his or her home. 45 CFR 1356.21(k).

45. See Section 8.9(C) for more information on suspension of parenting time under MCL 712A.19b(4) and MCR 3.977(D).

46.MCL 712A.13a(13), MCL 712A.18(1)(p), MCL 333.26424(d), and MCL 333.27955(3).

47. See Section 8.2 for a detailed discussion of placement options.

48. MCR 3.903(C)(5) defines foster care as “24-hour a day substitute care for children placed away from their parents, guardians, or legal custodians, and for whom the court has given the Department of Health and Human Services placement and care responsibility, including, but not limited to, (a) care provided to a child in a foster family home, foster family group home, or child caring institution licensed or approved under MCL 722.111 et seq., or (b) care provided to a child in a relative’s home pursuant to an order of the court.” MCL 712A.13a(1)(e) contains a substantially similar definition of foster care.”

49. See the Michigan Judicial Institute’s Adoption Proceedings Benchbook, Section 11.20, for a detailed discussion on changing an Indian child’s foster care placement.

50. Notice may be sent by ordinary mail or electronically as agreed on by the Department of Health and Human Services (DHHS) and SCAO. MCL 712A.13b(2)(a).

51. Notice may be sent by ordinary mail or electronically as agreed on by the DHHS and the court. MCL 712A.13b(2)(d).

52.See the Michigan Judicial Institute’s Adoption Proceedings Benchbook, Section 11.20 for more information on the requirements for changing an Indian child’s foster care placement

53.See also 25 USC 1922 regarding the emergency removal of an Indian child.

54. See Section 2.3.

55. See Section 8.10(A) for more information on changing a child’s foster care placement.

56. See the Michigan Judicial Institute’s Adoption Proceedings Benchbook, Section 11.20 for more information on changing an Indian child’s foster care placement.

57. See Section 7.6 for a discussion of MCR 3.965 (preliminary hearings).

58. See Chapter 13 for information on dispositional hearings.

59. See Section 8.10 for a detailed discussion of placing a child.

60.The link to this resource was created using Perma.cc and directs the reader to an archived record of the page.

61. See DHHS form DHS-4332, Interstate Compact Placement Request.

62.The link to this resource was created using Perma.cc and directs the reader to an archived record of the page.

63.The link to this resource was created using Perma.cc and directs the reader to an archived record of the page.

64.The link to this resource was created using Perma.cc and directs the reader to an archived record fo the page.

65. See Section 3.1(D) for the definition and responsibilities of an emergency service provider. See also Section 4.2(D) for information on the court’s jurisdiction over a newborn child surrendered to an emergency service provider, and Section 7.10(A) for information on the appointment of a Lawyer-Guardian Ad Litem under the Safe Delivery of Newborns Law (SDNL).

66. See Section 2.2 for a detailed discussion of reporting suspected child abuse or child neglect, including a list of individuals who are required to report suspected child abuse or child neglect under MCL 722.623(1).

67. MCL 333.2822(2) defines surrender as “that term as defined in . . . the Safe Delivery of Newborns Law, . . . MCL 712.1.”

68. See SCAO form CCFD 01, Petition for Placement Order of Surrendered Newborn Child.

69. See SCAO form CCFD 02, Order Placing Surrendered Newborn With Prospective Adoptive Parents.

70. Gross negligence is defined as “conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results.” MCL 712.1(2)(h).

71. See SCAO form CCFD 03, Petition of Parent for Custody of Surrendered Newborn Child.

72. See SCAO form CCFD 04, Order for Blood or Tissue Typing or DNA Profile (Safe Delivery of Newborn Act).

73. See SCAO form CCFD 04a, Order Determining Maternity/Paternity of Surrendered Newborn Child.

74. See SCAO form CCFD 06, Order Determining Custody of Surrendered Newborn Child.

75. See SCAO form CCFD 07, Petition to Accept Release and Terminate Rights to Surrendered Newborn Child.

76. See SCAO form CCFD 08, Order After Hearing on Petition to Accept Release and Terminate Rights to Surrendered Newborn Child.

77. For additional information on the ICPC, see Section 8.13.

78. If the guardian “delegates any power under [MCL 700.5103], the guardian shall notify the court within 7 days after execution of the power of attorney and provide the court the name, address, and telephone number of the attorney-in-fact.” MCL 700.5103(4).