Rule 3.966 - Other Placement Review Proceedings(A) Review of Placement Order and Initial Service Plan.(1) On motion of a party, the court must review the placement order or the initial service plan, and may modify the order and plan if it is in the best interest of the child. If removal from the parent, guardian, or legal custodian is requested, at the hearing on the motion, the court shall follow the placement procedures in MCR 3.965(B) and (C).(2) If the child is removed from the home and disposition is not completed, the court shall conduct a dispositional hearing in accordance with MCR 3.973.(B) Petitions to Review Placement Decisions by Supervising Agency.(1) General. The court may review placement decisions when all of the following apply: (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;(c) the supervising agency has provided written notice of the placement decision;(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.(2) Petition for Review. If the criteria in subrule (1) are met, within 14 days after the date of the agency's written placement decision, the child's lawyer-guardian ad litem must file a petition for review.(3) Hearing on Petition. The court must commence a review hearing on the record within 7 days of the filing of the petition.(C) Disputes Between Agency and Foster Care Review Board Regarding Change In Placement. (1) General. The court must conduct a hearing upon notice from the Foster Care Review Board that, after an investigation, it disagrees with a proposed change in placement by the agency of a child who is not a permanent ward of the Michigan Children's Institute.(2) Procedure. (a) Time. The court must set the hearing no sooner than 7 days and no later than 14 days after receipt of the notice from the Foster Care Review Board that there is a disagreement regarding a placement change.(b) Notice. The court must provide notice of the hearing date to the foster parents, each interested party, and the prosecuting attorney if the prosecuting attorney has appeared in the case.(c) Evidence. The court may hear testimony from the agency and any other interested party. The court may consider any other evidence bearing upon the proposed change in placement. The Rules of Evidence do not apply to a hearing under this rule.(d) Findings. The court must order the continuation or restoration of placement unless the court finds that the proposed change in placement is in the child's best interests.(D) Review of Child's Placement in a Qualified Residential Treatment Program (1) Ex Parte Motion for Review. 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.(a) Supporting Documents. The motion shall be accompanied by the assessment, determination, and documentation made by the qualified individual.(b) Service. The Agency shall serve the ex parte motion and accompanying documentation on all parties.(2) Judicial Determination. Within 14 days of filing, the court, or an administrative body appointed or approved by the court independently, shall review the motion, and any supporting documentation filed pursuant to this subrule, and issue an order approving or disapproving of the placement. The order shall include individualized findings by the court or administrative body as to:(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. The court shall serve the order on parties. The court is not required to hold a hearing on the ex parte motion under this subrule.
Amended May 27, 2015, effective 9/1/2015; amended March 10, 2021, effective 3/10/2021.