Approved, SCAO STATE OF MICHIGAN ORDER FOLLOWING DISPOSITIONAL REVIEW/ CASE NO. PERMANENCY PLANNING HEARING PETITION NO. COUNTY (CHILD PROTECTIVE PROCEEDINGS), PAGE 1 ORDER _____ OF _____ JUDICIAL CIRCUIT - FAMILY DIVISION Court address Court telephone no. 1. In the matter of name(s), alias(es), DOB 2. Date of hearing: Judge/Referee: Bar no. 3. Removal date: (Specify for each child if different.) Last permanency planning hearing date: (Specify for each child if different.) 4. As of the last order, the child(ren) named above was/were in the protective/temporary custody of the court, and remained in the home. was/were placed with the Department of Human Services for care and supervision. 5. Notice of hearing for the review hearing was served as required by law. permanency planning combined review and permanency planning Notice of proceedings is to be given as required by law. 6. This review hearing involves an Indian child in which removal has been requested or in which the child was removed from the home pursuant to an emergency removal hearing conducted in accordance with MCR 3.974(C). The removal hearing was conducted in conjunction with the emergency removal hearing. is scheduled for . THE COURT FINDS: 7. The lawyer-guardian ad litem 8. has has not complied with the requirements of MCL 712A.17d. a. There is probable cause to believe the legal/putative father(s) is/are: (Name each child, his/her father, and whether legal or putative.) b. The putative father of is unknown and cannot be identified. c. The putative father was notified as required by law and failed to establish paternity within the time set by the court. The putative father waives all rights to further notice, including the right to notice of termination of parental rights and the right to an attorney. 9. The court has considered the case service plan and other evidence presented. The findings below are specific to this case and are based upon this hearing, and the following report(s): identify report(s) and date(s) of report(s) Specific conditions reviewed on the record as required by MCL 712A.19(6) were a. compliance with the case service plan with respect to services provided or offered to the child and his or her parent(s), guardian, or legal custodian and whether the parent(s), guardian, or legal custodian complied with and benefited from those services. b. compliance with the case service plan with respect to parenting time with the child and whether parenting time did not occur or was infrequent and the reasons why. c. the extent to which the parent(s), guardian, or legal custodian complied with each provision of the case service plan, prior court orders, and any agreement between the parent(s), guardian, or legal custodian and the agency. d. likely harm to the child if the child continued to be separated from his or her parent(s), guardian, or legal custodian. e. likely harm to the child if the child was returned to his or her parent(s), guardian, or legal custodian. NOTE: If the child(ren) was/were not removed prior to the dispositional review or permanency planning hearing and new allegations are made that require removal, a supplemental petition must be prepared and filed and an emergency removal hearing held, whereupon contrary to the welfare and reasonable efforts findings must be made. Use form JC 75. See MCR 3.974(B) and (C). The emergency removal hearing can be combined with a dispositional review hearing. Do not write below this line - For court use only (SEE SECOND PAGE) USE NOTE: Do not use this form for review or permanency planning hearings after termination. Use form JC 76 instead. MCL 712A.17d(1)(c), MCL 712A.18f, MCL 712A.19, MCL 712A.19a MCL 712A.20, MCR 3.002 JC 19 (9/14) ORDER FOLLOWING DISPOSITIONAL REVIEW/PERMANENCY PLANNING HEARING MCR 3.921(C), MCR 3.974(A)(3), MCR 3.975, MCR 3.976(B)(1), MCR 3.979 (CHILD PROTECTIVE PROCEEDINGS), PAGE 1 American LegalNet, Inc. www.FormsWorkFlow.com Approved, SCAO STATE OF MICHIGAN ORDER FOLLOWING DISPOSITIONAL REVIEW/ CASE NO. PETITION NO. PERMANENCY PLANNING HEARING COUNTY (CHILD PROTECTIVE PROCEEDINGS), PAGE 2 ORDER _____ OF _____ JUDICIAL CIRCUIT - FAMILY DIVISION Court address Court telephone no. In the matter of 10. Returning the child(ren) to the parent(s), guardian, or legal custodian would risk of harm to the child(ren)'s life, physical health, or mental well-being. would not cause a substantial 11. The child(ren) should not be returned to the parent(s), guardian, or legal custodian. (State reasons for a. or b. in the space below.) a. The agency should should not initiate proceedings to terminate the parental rights to the child(ren) because: b. The child has been in foster care for 15 months of the most recent 22 months, and the agency should initiate proceedings to terminate the parental rights to the child(ren). should not initiate proceedings to terminate the parental rights to the child(ren) for the following compelling reasons: 12. a. Reasonable efforts were were not made to preserve and reunify the family to make it possible for the child(ren) to safely return to the child(ren)'s home. (Specify reasonable efforts below, and if applicable, the reasons for return.) 1) Reasonable efforts for reunification should be continued. 2) Those reasonable efforts were successful and the child(ren) should be released to . Name(s) of parent(s), guardian, or legal custodian The reasonable efforts include: (Specify.) b. Reasonable efforts to preserve and reunify the family to make it possible for the child(ren) to safely return to the child(ren)'s home are not required based on a prior order. 13. Progress toward alleviating or mitigating the conditions that caused the child(ren) to be placed or to remain in temporary foster care was was not made in accordance with MCL 712A.19(7). 14. The child(ren)'s continued placement is no longer necessary or appropriate. is necessary and appropriate and is meeting the child(ren)'s needs. 15. The child(ren) is/are Indian as defined in MCR 3.002(12), and placement appropriate and does does not comply with MCR 3.967(F). remains does not remain (SEE THIRD PAGE) JC 19 (9/14) ORDER FOLLOWING DISPOSITIONAL REVIEW/PERMANENCY PLANNING HEARING (CHILD PROTECTIVE PROCEEDINGS), PAGE 2 American LegalNet, Inc. www.FormsWorkFlow.com Approved, SCAO STATE OF MICHIGAN ORDER FOLLOWING DISPOSITIONAL REVIEW/ CASE NO. PETITION NO. PERMANENCY PLANNING HEARING COUNTY (CHILD PROTECTIVE PROCEEDINGS), PAGE 3 ORDER _____ OF _____ JUDICIAL CIRCUIT - FAMILY DIVISION Court address Court telephone no. In the matter of 16. The child(ren) is/are Indian and the court finds that active efforts have have not been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family. 17. *Reasonable efforts have have not been made to finalize the court-approved permanency plan of a. return to the parent for the child(ren) named b. adoption for the child(ren) named c. legal guardianship for the child(ren) named d. placement with a fit and willing relative for the child(ren) named e. i. placement in another planned permanent living arrangement (APPLA) for the child(ren) named . . . . ii. placement in another planned permanent living arrangement - emancipation (APPLA-E) for the child(ren) named due to the compelling reasons that (Specify the compelling reasons for another planned permanent living arrangement for i. and ii., as appropriate, by entering the language that corresponds to the number[s] from the list on page 5.) The reasonable efforts made to finalize the court-approved permanency plan identified above include: (Specify the permanency plan for each child and the reasonable efforts made toward finalizing that plan.) Because adoption is the court-approved permanency plan, the Department of Human Services shall be ordered to initiate proceedings to terminate parental rights. 18. The permanency planning goal in item 17 is appropriate. is no longer appropriate and shall be: . 19. The appointment of a juvenile guardian is in the best interest of the child(ren) named above in item 17.c. The court has received and considered the information required by MCR 3.979(A)(1), and the proposed guardian should be appointed. 20. Parenting time with , even if supervised, may be harmful to the child(ren). 21. A juvenile guardian was appointed and jurisdiction over MCL 712A.2(b) should be terminated. (This finding is considered at the first review hearing after the appointment.) 22. A juvenile guardianship for and this hearing is held pursuant to MCR 3.979(F)(7). pursuant to was revoked pursuant to MCR 3.979(F), NOTE: *MCL 712A.19a provides that these reasonable efforts findings must be made within 12 months from when the child was removed from his/her home and every 12 months thereafter. (SEE FOURTH PAGE) ORDER FOLLOWING DISPOSITIONAL REVIEW/PERMANENCY PLANNING HEARING (CHILD PROTECTIVE PROCEEDINGS), PAGE 3 JC 19 (9/14) American LegalNet, Inc. www.FormsWorkFlow.com Approved, SCAO STATE OF MICHIGAN ORDER FOLLOWING DISPOSITIONAL REVIEW/ CASE NO. PETITION NO. PERMANENCY PLANNING HEARING COUNTY (CHILD PROTECTIVE PROCEEDINGS), PAGE 4 ORDER _____ OF _____ JUDICIAL CIRCUIT - FAMILY DIVISION Court address Court telephone no. In the matter of IT IS ORDERED: 23. Notice is to be given to the legal/putative father(s) as required by law. The father was not present and must appear at the next hearing. The putative father was present at this hearing and shall establish paternity within 14 days. 24. The child(ren) is/are continued in the protective/temporary custody of this court, and (Check only a, b, c, or d.) a. is/are placed with the Department of Human Services for care and supervision, and i. the parent, guardian, or legal custodian shall execute all documents necessary to release confidential information regarding the child(ren), including medical, mental, and educational reports, and shall also, within 7 days, provide the Department of Human Services with the name(s) and address(es) of the medical provider(s) for the child(ren). Any medical provider of the child(ren) shall release the medical records of the child(ren) to the department. ii. if a home study has not yet been completed, then one shall be performed by the Department of Human Services and a copy of the home study submitted to the court not more than 30 days after the placement. iii. upon request, the Department of Human Services shall release to the foster parent the information concerning the child(ren) in accordance with MCL 712A.13a(15). b. remain home with or is/are released to under the supervision of the Department of Human Services. The following terms and conditions apply to the parent(s) guardian/legal custodian: c. the current placement with the Department of Human Services shall continue. The department shall i. conduct a criminal record check and central registry clearance of the residents of the home of the proposed juvenile guardian and submit the results to the court within 7 days. ii. perform a home study with a copy submitted to the court within 28 days, unless a home study has been performed within the immediately preceding 365 days of this order, in which case, a copy of that home study shall be submitted to the court. d. placed under guardianship pursuant to MCR 3.979(B). (See separate order, form JC 91.) 25. While the child(ren) is/are placed out of the home, the friend of the court shall redirect current support due on behalf of the child(ren) to the person with whom the child(ren) is/are placed as long as that person is not receiving foster care maintenance payments. Unpaid child support that charged during the unfunded placement shall also be redirected unless otherwise assigned. 26. The Department of Human Services shall comply with MCR 3.967(F). 27. The Department of Human Services shall initiate proceedings to terminate parental rights to the child(ren) no later than 28 days from the date of this hearing. 28. a. The parent(s), guardian, or legal custodian shall comply with, and benefit from, the case service plan. In addition, b. The parent(s) need not comply with, and benefit from, the case service plan because parental rights were released pursuant to the adoption code. c. The parent(s) need not comply with, and benefit from, the case service plan because jurisdiction of the court is terminated. 29. a. Parenting time of is unsupervised. supervised until further order of the court. The Department of Human Services has discretion to allow unsupervised or supervised parenting time by its designee. b. Parenting time of is unsupervised. supervised until further order of the court. The Department of Human Services has discretion to allow unsupervised or supervised parenting time by its designee. c. Parenting time of is unsupervised. supervised until further order of the court. The Department of Human Services has discretion to allow unsupervised or supervised parenting time by its designee. d. (SEE FIFTH PAGE) ORDER FOLLOWING DISPOSITIONAL REVIEW/PERMANENCY PLANNING HEARING (CHILD PROTECTIVE PROCEEDINGS), PAGE 4 JC 19 (9/14) American LegalNet, Inc. www.FormsWorkFlow.com Approved, SCAO STATE OF MICHIGAN ORDER FOLLOWING DISPOSITIONAL REVIEW/ CASE NO. PETITION NO. PERMANENCY PLANNING HEARING COUNTY (CHILD PROTECTIVE PROCEEDINGS), PAGE 5 ORDER _____ OF _____ JUDICIAL CIRCUIT - FAMILY DIVISION Court address Court telephone no. In the matter of IT IS ORDERED: (continued) 30. Jurisdiction of this court is terminated. The court reserves the right to enforce payments of reimbursement that have accrued up to and including the date of this order. The child(ren) is/are released to . 31. Previous reimbursement orders shall continue. 32. Other: (Attach separate sheet.) 33. Prior orders remain in effect except as modified in this order. 34. Review hearings shall be held as follows: (NOTE: The review hearing shall not be delayed beyond the number of days required regardless whether a petition to terminate parental rights or another matter is pending. MCL 712A.19a provides that the permanency planning hearing shall not be delayed beyond 12 months from the date of removal of the child and every 12 months thereafter.) dispositional review hearing permanency planning hearing dispositional review hearing to terminate jurisdiction pursuant to MCR 3.979(C) The supervising agency shall provide documentation of progress relating to all aspects of the last court-ordered treatment plan, including copies of evaluations and therapy reports and verification of parenting time, not later than 5 business days before the scheduled hearing. 35. A hearing to appoint the juvenile guardian pursuant to MCR 3.979(B) shall be held 36. Notice of the next hearing has been provided as required by law. . Notice of the next hearing shall be provided. Recommended by: Referee signature Date Judge The following are examples of compelling reasons for a permanency plan other than return to parent, legal guardianship, placement with a fit and willing relative, or adoption. 1. No relative has been identified who is appropriate or available to assume the permanent custody of the child. 2. The current caregiver is not an adoptive resource. 3. The child has a significant attachment to the parent(s), and it is in the child's best interests that it be preserved through parenting time and contact. 4. Reasonable efforts to recruit an adoptive home have been unsuccessful. 5. The child does not want to be adopted and is of an age where due consideration must be given to his/her wishes. 6. It is contrary to the child's best interests to break the child's attachment to the current caregivers. 7. The current caregiver is committed to providing a permanent placement for the child. 8. The placement allows the siblings to remain together. 9. The child's special needs can best be met in this placement. 10. The child wants to remain in the current placement, which is only available as foster care. 11. The placement is preparing the child for transition into independent living (specify the services being provided to the child to assist with transition such as referral to an independent living skills program, enrollment in a vocational program, referral for a mentor, continued out-of-home placement in foster care beyond age 18 to allow the child to complete secondary school, placement in a resource that provides on-site training for independent living, and other similar services). 12. The child comes under the Indian Child Welfare Act and Michigan Indian Family Preservation Act and the child's tribe recommends permanent placement in long-term foster care. 13. Other (specify in the findings in item 17.e). JC 19 (9/14) ORDER FOLLOWING DISPOSITIONAL REVIEW/PERMANENCY PLANNING HEARING (CHILD PROTECTIVE PROCEEDINGS), PAGE 5 American LegalNet, Inc. www.FormsWorkFlow.com