HOUSE BILL No. 4735

May 9, 2007, Introduced by Reps. Polidori, Clack, Rick Jones, Sheen, Garfield, Angerer, Vagnozzi, Constan, Gonzales, Sak, Dean, Farrah, Bennett, Espinoza, Mayes, Miller, Warren, Lahti, Lindberg, Hopgood, Ward, Nofs, Stahl, LaJoy, Hune, Virgil Smith, Meisner, Accavitti, Alma Smith, Meadows, Donigan, Hood, Byrum, McDowell, Melton and Lemmons and referred to the Committee on Families and Children's Services.

A bill to amend 1994 PA 203, entitled

"Foster care and adoption services act,"

by amending section 4a (MCL 722.954a), as added by 1997 PA 172.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 4a. (1) If a child has been placed in a supervising

agency's care under chapter XIIA of the probate code of 1939, 1939

PA 288, MCL 712A.1 to 712A.32, the supervising agency shall comply

with this section and sections 4b and 4c.

(2) Upon removal, as part of a child's initial case service

plan as required by rules promulgated under 1973 PA 116, MCL

722.111 to 722.128, and by section 18f of chapter XIIA of the

probate code of 1939, 1939 PA 288, MCL 712A.18f, the supervising

agency shall, within 30 days, identify, locate, and consult 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 foster care. Not more than 90

days after the child's removal from his or her home, the

supervising agency shall do all of the following:

(a) Make a placement decision and document in writing the

reason for the decision.

(b) Provide written notice of the decision and the reasons for

the placement decision to the child's attorney, guardian, guardian

ad litem, mother, and father; the attorneys for the child's mother

and father; each relative who expresses an interest in caring for

the child; the child if the child is old enough to be able to

express an opinion regarding placement; and the prosecutor.

(3) Before determining placement of a child in its care, a

supervising agency shall give special consideration and preference

to the child's relatives. If a supervising agency determines that a

child's relative is willing to care for the child, and is fit to do

so, the child shall be placed in that relative's home unless that

placement is determined to be clearly not in the child's best

interests.

(4) ~~(3)~~ A person who receives a written decision described in

subsection (2) may request in writing, within 5 days, documentation

of the reasons for the decision, and if the person does not agree

with the placement decision, he or she may request that the child's

attorney review the decision to determine if the decision is in the

child's best interest. If the child's attorney determines the

decision is not in the child's best interest, within 14 days after