16.5Permanency Planning Hearing Procedures

MCR 3.976(D)(1) sets out the required procedures for permanency planning hearings:

“Each permanency planning hearing must be conducted by a judge or a referee. Paper reviews, ex parte hearings, stipulated orders, or other actions that are not open to the participation of (a) the parents of the child, unless parental rights have been terminated; (b) the child, if of appropriate age; and (c) foster parents or preadoptive parents, if any, are not permanency planning hearings.” See also 45 CFR 1355.20(a), which contains substantially similar language.

If the court receives a local foster care review board’s report, it must include the report in the court’s confidential social file. MCR 3.976(D)(3). The court must also make sure that all of the parties involved in the proceedings have an opportunity to review the report and file any objections before the court enters a dispositional order, dispositional review order, or permanency planning order. Id. “The court may at its discretion include recommendations from the report in its orders.” Id.

Written reports in the Agency’s case file must be provided to the court and the parties no less than seven days before the hearing. MCR 3.976(D)(4). This includes, but is not limited to, case service plans, treatment plans, substance abuse evaluations, psychological evaluations, therapists’ reports, drug and alcohol screens, contracted service provider reports, and parenting time logs. Id.