HB-5121, As Passed Senate, December 13, 2018

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5121

     A bill to amend 1994 PA 203, entitled

"Foster care and adoption services act,"

by amending section 3 (MCL 722.953), as amended by 2014 PA 524, and

by adding section 8b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 3. The purposes of this act are all of the following:

     (a) To assist foster parents to provide a stable, loving

family environment for children who are placed outside of their

homes on a temporary basis.

     (b) To help eliminate barriers to the adoption of children and

to promote the provision of a stable and loving family environment

to children who are without permanent families.

     (c) To promote the well-being and safety of all children who

receive foster care or are adopted under the laws of this state.

     (d) To protect and assist prospective adoptive families as

they negotiate the adoption process.

     (e) To regulate child placing agencies who certify foster

parents and serve adoptees and adoptive families in this state.

     (f) To regulate adoption attorneys who facilitate direct

placement adoptions.

     (g) To ensure foster parents and prospective adoptive parents

receive all applicable resources as described in section 8a.

     (h) To ensure that the department develops and maintains a

specific policy of the provisions described in sections 8b, 8c, and

8d to provide to children placed in foster care. The specific

policy described in sections 8b, 8c, and 8d shall be known as the

children's assurance of quality foster care policy.

     Sec. 8b. (1) The department shall ensure that the children's

assurance of quality foster care policy is developed, implemented

by the supervising agency, and made available to the public.

     (2) The department shall promote the participation of current

and former children in foster care in developing the children's

assurance of quality foster care policy.

     (3) The children's assurance of quality foster care policy

shall ensure that children placed in foster care are provided with

the following:

     (a) Fair, equal, and respectful treatment, including treatment

that does not violate state and federal law.

     (b) Placement with relatives and siblings, when appropriate,

as provided in section 4a(5).

     (c) Transition planning, including housing, workforce

preparation, financial education, access to personal documents,

information regarding secondary education and postsecondary

education, and independent living preparation, as age-appropriate.

     (d) Ongoing contact and visits with parents, relatives, and

friends, if permitted by the court.

     (e) Access to advocacy services for children in foster care

with disabilities.

     (f) Timely enrollment in school with consistent placement in

the same school, when possible.

     (g) Participation in extracurricular activities consistent

with the child in foster care's age and developmental level, as

allowed by the supervising agency's resources, taking into

consideration the foster parent's schedule and resources.

     (h) Placement in the least restrictive setting, appropriate to

the child in foster care's needs in accordance with R 400.12313 of

the Michigan Administrative Code. If discipline is required, and

physical restraint has been used by a child caring institution as

that term is defined in section 1 of 1973 PA 116, MCL 722.111, the

child caring institution shall provide a detailed report of the

incident to the department.

     (i) Access to and receipt of information and services,

including necessary medical, emotional, psychological, psychiatric,

and educational evaluations and treatment, as soon as practicable

after identifying the need for services by the screening and

assessment process.

     (j) Access to and participation in religious activities,

cultural activities, or both, taking into consideration the foster

parent's schedule and resources.

     (k) Adequate food, necessities, and shelter, including special

dietary needs, school supplies, clothing, and hygiene products.

     (l) Information regarding proposed placement, as age-

appropriate.

     (m) A permanency plan, as required by state and federal law,

that is designed to facilitate the permanent placement or return

home of a child in foster care in a timely manner.

     (4) The department shall maintain a written policy describing

the grievance procedure for a child in foster care to address any

perceived noncompliance with the items listed in the children's

assurance of quality foster care policy. The grievance procedure

shall include information on how and where to file a grievance,

including contact information for the office of the children's

ombudsman and the department's office of family advocate, on a form

approved by the department.

     (5) A child in foster care may file a grievance with the

supervising agency regarding the perceived noncompliance with any

of the items listed in the children's assurance of quality foster

care policy as outlined in the supervising agency's grievance

policy described in subsection (4). Within 30 days after receiving

the grievance, the supervising agency shall respond with a written

statement of how the child in foster care's grievance will be

addressed. If the supervising agency does not provide a written

response within 30 days after the grievance is filed with the

supervising agency or if the child in foster care does not agree

with the findings in the written response, the child in foster care

may contact the department's office of family advocate.

     (6) If the grievance is not resolved with the assistance of

the department's office of family advocate, the child in foster

care may request that his or her lawyer-guardian ad litem petition

the court for the appropriate relief.

     (7) The sole remedy that may be provided under this section is

limited to injunctive relief.

     (8) The department shall implement the children's assurance of

quality foster care policy no later than 90 days after the

effective date of the amendatory act that added this section.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.

     Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 99th Legislature are

enacted into law:

     (a) House Bill No. 5122.

     (b) House Bill No. 5123.