8.10Placement 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.¹ 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,^[2] 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.Change in Child’s Foster 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^[3] 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;⁴

(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.⁵  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).⁶

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)⁷], 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.Emergency Change 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).⁸ 

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).