PROBATE CODE OF 1939 (EXCERPT)
Act 288 of 1939
712A.18f Report; preparation and contents of case service plan; order of disposition; updating and revising case service plan; rules; review by child's physician in case of abuse and neglect.
(1) If, in a proceeding under section 2(b) of this chapter, an agency advises the court against placing a child in the custody of the child's parent, guardian, or custodian, the agency shall report in writing to the court what efforts were made to prevent the child's removal from his or her home or the efforts made to rectify the conditions that caused the child's removal from his or her home. The report shall include all of the following:
(a) If services were provided to the child and his or her parent, guardian, or custodian, the services, including in-home services, that were provided.
(b) If services were not provided to the child and his or her parent, guardian, or custodian, the reasons why services were not provided.
(c) Likely harm to the child if the child were to be separated from his or her parent, guardian, or custodian.
(d) Likely harm to the child if the child were to be returned to his or her parent, guardian, or custodian.
(2) Before the court enters an order of disposition in a proceeding under section 2(b) of this chapter, the agency shall prepare a case service plan that shall be available to the court and all the parties to the proceeding.
(3) The case service plan shall provide for placing the child in the most family-like setting available and in as close proximity to the child's parents' home as is consistent with the child's best interests and special needs. The case service plan shall include, but is not limited to, the following:
(a) The type of home or institution in which the child is to be placed and the reasons for the selected placement.
(b) Efforts to be made by the child's parent to enable the child to return to his or her home.
(c) Efforts to be made by the agency to return the child to his or her home.
(d) Schedule of services to be provided to the parent, child, and if the child is to be placed in foster care, the foster parent, to facilitate the child's return to his or her home or to facilitate the child's permanent placement.
(e) Except as otherwise provided in this subdivision, unless parenting time, even if supervised, would be harmful to the child as determined by the court under section 13a of this chapter or otherwise, a schedule for regular and frequent parenting time between the child and his or her parent, which shall not be less than once every 7 days.
(f) Conditions that would limit or preclude placement or parenting time with a parent who is required by court order to register under the sex offenders registration act.
(4) Before the court enters an order of disposition, the court shall consider the case service plan; any written or oral information offered concerning the child from the child's parent, guardian, custodian, foster parent, child caring institution, relative with whom the child is placed, lawyer-guardian ad litem, attorney, or guardian ad litem; and any other evidence offered, including the appropriateness of parenting time, which information or evidence bears on the disposition. The order of disposition shall state whether reasonable efforts have been made to prevent the child's removal from his or her home or to rectify the conditions that caused the child's removal from his or her home. The court may order compliance with all or any part of the case service plan as the court considers necessary.
(5) If a child continues in placement outside of the child's home, the case service plan shall be updated and revised at 90-day intervals as required by the rules promulgated under 1973 PA 116, MCL 722.111 to 722.128. The agency shall consult with the foster parents when it updates and revises the case service plan, and shall attach a statement summarizing the information received from the foster parents to the updated and revised case service plan. Updated and revised case service plans shall be available to the court and all the parties to the proceeding. Within 10 days after receipt of a written request, the agency shall provide the person who is providing the foster care with the information itemized in section 13a(14) of this chapter.
(6) To ensure that the case service plan addresses the child's medical needs in relation to abuse and neglect, the department of human services shall review a child's case with the child's attending physician of record during a hospitalization or with the child's primary care physician, but only if a physician has diagnosed the child's abuse or neglect as involving 1 or more of the following:
(a) Failure to thrive.
(b) Munchausen syndrome by proxy.
(c) Shaken baby syndrome.
(d) A bone fracture that is diagnosed as being the result of abuse or neglect.
(e) Drug exposure.
(7) If a child is placed outside of his or her home and the department of human services is required to review the child's case with a physician under subsection (6), then in a judicial proceeding to determine if the child is to be returned to his or her home, the court must allow the child's attending physician of record during a hospitalization or the child's primary care physician to testify regarding the case service plan. The court shall notify each physician of the hearing's time and place.
History: Add. 1988, Act 224, Eff. Apr. 1, 1989
Am. 1994, Act 264, Eff. Jan. 1, 1995
Am. 1996, Act 16, Eff. June 1, 1996
Am. 1997, Act 163, Eff. Mar. 31, 1998
Am. 1998, Act 479, Eff. Mar. 1, 1999
Am. 1998, Act 480, Eff. Mar. 1, 1999
Am. 1999, Act 25, Imd. Eff. May 18, 1999
Am. 2012, Act 115, Imd. Eff. May 1, 2012
Popular Name: Probate Code
Popular Name: Juvenile Code
Admin Rule: R 400.6101 et seq. of the Michigan Administrative Code.
© 2009 Legislative Council, State of Michigan