When a child is removed from the home due to abuse or neglect allegations, Michigan law requires the court to hold regular Permanency Planning Hearings. These hearings act as checkpoints to determine if steps are being made for the child to be able to return to the home. Working with an experienced attorney for these hearings can be the key to reuniting with your child.
What Is a Permanency Planning Hearing?
Under MCL 712A.19a and Michigan Court Rule (MCR) 3.976, a permanency planning hearing is a court hearing to review a child’s permanency plan and assess the progress of the parent or lack thereof. This could include:
- Reunification with the parent
- Adoption following the termination of parental rights
- Legal guardianship
- Permanent placement with a fit and willing relative
- Another planned permanent living arrangement (under specific circumstances)
The initial hearing occurs within 12 months of the child’s removal from the home, or within 28 days if there are aggravating circumstances, such as the parent has had their rights to another child terminated. Regular hearings are held every 12 months while the child remains in foster care.
What Does the Court Review at the Hearing?
During each hearing, the court will:
- Review the permanency plan developed by CPS (This includes evaluating whether CPS has made reasonable efforts to reunify the child and the parent or finalize another permanency plan)
- Determine whether the child can return to the parent
- Consider a petition to terminate parental rights if necessary
- Evaluate alternative placements like guardianship or relative care
- Hear the child’s preferences (if age-appropriate)
- Assess whether the child’s current placement is reasonable and prudent
What Are “Reasonable Efforts” Under Michigan Law?
CPS must make reasonable efforts to reunify the family, unless an exception applies (e.g., prior terminations, certain felonies).
Reasonable efforts can include:
- Referrals to parenting classes, substance abuse treatment, or mental health services
- Support for regular, meaningful parenting time (visitation)
- Transportation and communication support
- Encouragement and facilitation of child-parent contact
What Happens If the Parent Isn’t Receiving Help?
If CPS does not make a reasonable effort to provide the parent with support or services, the court will not move forward with a change in the permanency goal.
You should work with your attorney to document things such as missed visits, lack of referrals, or barriers to visits.
Changing the Permanency Goal
Initially, the permanency goal in almost every case is reunification except in cases of aggravated circumstances. However, if CPS believes a parent is not making progress or is failing to engage in services, the agency may ask the court to change the goal. Your attorney can challenge this belief at the permanency hearing.
Under MCL 712A.19a(4) and MCR 3.976(E)(3), the court must:
- Consider whether the child has been in care for 15 of the last 22 months
- Determine if reunification services were provided and utilized
- Decide whether alternative plans are in the child’s best interests
Final Thoughts for Mid-Michigan Parents
Permanency planning hearings are important complex legal checkpoints in your case. Guidance from an experienced CPS attorney can lead to reunification between you and your child. If you feel that you are not being offered the support and services you need or you feel that you are being told to complete services that are not necessary, it is vital that you consult with an attorney who is familiar with the legal requirements and procedures of permanency planning hearings.
The legal team at The Kronzek Firm is here to ensure your rights are protected. One of our experienced attorneys can evaluate your specific circumstances and assist you by
- Explaining your rights and responsibilities
- Communicating with CPS on your behalf
- Challenging false allegations
- Navigating court proceedings
📞 Our attorneys have helped thousands of Michigan clients for more than 30 years. You can reach all of our offices 24/7 by calling 1-800-KRONZEK.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]