Form JC 19 Order After Dispositional Review/ Permanency Planning Hearing (Child Protective Proceedings) - Michigan

Form JC19 or the "Order After Dispositional Review/ Permanency Planning Hearing (child Protective Proceedings)" is a form issued by the Michigan Juvenile Court.

The form was last revised in December 1, 2018 and is available for digital filing. Download an up-to-date Form JC19 in PDF-format down below or look it up on the Michigan Juvenile Court Forms website.

ADVERTISEMENT
PCS CODE: IDR/SRE/PPH-ORH/OPP
Approved, SCAO
TCS CODE: SRE/PPH
STATE OF MICHIGAN
CASE NO.
ORDER AFTER DISPOSITIONAL REVIEW/
PETITION NO.
JUDICIAL CIRCUIT - FAMILY DIVISION
PERMANENCY PLANNING HEARING
COUNTY
(CHILD PROTECTIVE PROCEEDINGS)
ORDER
OF
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.
5. Notice of hearing for the
review
permanency planning
combined review and permanency planning
hearing was served as required by law.
Notice of proceedings is to be given as required by law.
6. This hearing is being conducted under MCR 3.974(D)(2) for an Indian child who was removed from the home. The Indian
child removal hearing
was held with this hearing.
was previously held.
is scheduled for
.
THE COURT FINDS:
7. The lawyer-guardian ad litem
has
has not
complied with the requirements of MCL 712A.17d.
8.
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 it comes to the court’s attention or new allegations are made during this hearing that require the removal of the child(ren), removal must be
done in accordance with MCR 3.974.
See additional pages.
Do not write below this line - For court use only
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,
Reference Note: The term “department” refers to the
MCL 712A.19a, MCL 712A.20,
Department of Health and Human Services.
MCR 3.002, MCR 3.921.(C),
ORDER AFTER DISPOSITIONAL REVIEW/PERMANENCY PLANNING HEARING
JC 19 (12/18)
MCR 3.974(A)(3), MCR 3.975,
(CHILD PROTECTIVE PROCEEDINGS)
MCR 3.976(B)(1), MCR 3.979
PCS CODE: IDR/SRE/PPH-ORH/OPP
Approved, SCAO
TCS CODE: SRE/PPH
STATE OF MICHIGAN
CASE NO.
ORDER AFTER DISPOSITIONAL REVIEW/
PETITION NO.
JUDICIAL CIRCUIT - FAMILY DIVISION
PERMANENCY PLANNING HEARING
COUNTY
(CHILD PROTECTIVE PROCEEDINGS)
ORDER
OF
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.
5. Notice of hearing for the
review
permanency planning
combined review and permanency planning
hearing was served as required by law.
Notice of proceedings is to be given as required by law.
6. This hearing is being conducted under MCR 3.974(D)(2) for an Indian child who was removed from the home. The Indian
child removal hearing
was held with this hearing.
was previously held.
is scheduled for
.
THE COURT FINDS:
7. The lawyer-guardian ad litem
has
has not
complied with the requirements of MCL 712A.17d.
8.
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 it comes to the court’s attention or new allegations are made during this hearing that require the removal of the child(ren), removal must be
done in accordance with MCR 3.974.
See additional pages.
Do not write below this line - For court use only
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,
Reference Note: The term “department” refers to the
MCL 712A.19a, MCL 712A.20,
Department of Health and Human Services.
MCR 3.002, MCR 3.921.(C),
ORDER AFTER DISPOSITIONAL REVIEW/PERMANENCY PLANNING HEARING
JC 19 (12/18)
MCR 3.974(A)(3), MCR 3.975,
(CHILD PROTECTIVE PROCEEDINGS)
MCR 3.976(B)(1), MCR 3.979
Order After Dispositional Review/Permanency Planning Hearing (12/18) Page
of
Case No.
Order
of
Petition No.
10. Returning the child(ren) to the parent(s), guardian, or legal custodian
would
would not
cause a substantial
risk of harm to the child(ren)’s life, physical health, or mental well-being.
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
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. In accordance with MCL 712A.19(7), progress toward alleviating or mitigating the conditions that caused the child(ren)
to be placed or to remain in temporary foster care
was made by
.
List names
was not made by
.
List names
14. The child(ren)’s continued placement
is necessary and appropriate and is meeting the child(ren)’s needs.
is no longer necessary or appropriate.
15. The child(ren) is/are Indian as defined in MCR 3.002(12), and placement
remains
does not remain
appropriate and
does
does not
comply with MCR 3.967(F).
Order After Dispositional Review/Permanency Planning Hearing (12/18) Page
of
Case No.
Order
of
Petition No.
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. placement in another planned permanent living arrangement (APPLA) for the child(ren) age 16 or older named
due to the compelling reasons that:
(Specify the compelling reasons for another planned permanent living arrangement by entering the
language that corresponds to the number[s] from the list on the last page.)
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 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. The department, foster home, or institutional placement
has
has not followed the reasonable prudent parenting
standard that the child(ren) has/have regular opportunities to engage in age or developmentally appropriate activities.
21.
a. All siblings are in joint placement.
b. All siblings are not in joint placement because:
Sibling contact
is occurring according to law.
is not occurring because
:
(see item 31 to order sibling contact)
22. Parenting time with
, even if supervised, may be harmful to the child(ren).
23. A juvenile guardian was appointed and jurisdiction over
under
MCL 712A.2(b) should be terminated.
(This finding is considered at the first review hearing after the appointment.)
24. A juvenile guardianship for
was revoked under MCR 3.979(F),
and this hearing is held under MCR 3.979(F)(7).
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.
Order After Dispositional Review/Permanency Planning Hearing (12/18) Page
of
Case No.
Order
of
Petition No.
IT IS ORDERED:
25. 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.
26. 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 for care and supervision, and
1) 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 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.
2) if a home study has not yet been completed, then one shall be performed by the department and a copy of the
home study submitted to the court not more than 30 days after the placement.
3) upon request, the department 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.
The following terms and conditions apply to the parent(s) guardian/legal
custodian:
c. the current placement with the department shall continue. The department shall:
1) 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.
2) 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 under MCR 3.979(B).
(See separate order, form JC 91.)
27. 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.
28. The department shall comply with MCR 3.967(F).
29. The department shall initiate proceedings to terminate parental rights to the child(ren) no later than 28 days from the date
of this hearing.
30.
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.
31. Sibling contact shall be as follows:
32.
a. Parenting time of
is
unsupervised.
supervised until further order of the court.
The department 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 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 has discretion to allow unsupervised or supervised parenting time by its designee.
d.
Order After Dispositional Review/Permanency Planning Hearing (12/18) Page
of
Case No.
Order
of
Petition No.
IT IS ORDERED: (continued)
33. 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
.
34. Previous reimbursement orders shall continue.
35. Other:
(Attach separate sheets as necessary.)
36. Prior orders remain in effect except as modified in this order.
37. 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 under 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.
38. A hearing to appoint the juvenile guardian under MCR 3.979(B) shall be held
.
39.
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
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. Reasonable efforts to recruit an adoptive home have been unsuccessful.
4. The child does not want to be adopted and is of an age where due consideration must be given to his/her wishes.
5. It is contrary to the child’s best interests to break the child’s attachment to the current caregivers.
6. The current caregiver is committed to providing a permanent placement for the child.
7. The placement allows the siblings to remain together.
8. The child’s special needs can best be met in this placement.
9. The child wants to remain in the current placement, which is only available as foster care.
10. 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).
11. 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.
12. Other (specify in the findings in item 17.e).

Download Form JC 19 Order After Dispositional Review/ Permanency Planning Hearing (Child Protective Proceedings) - Michigan

1343 times
Rate
4.5(4.5 / 5) 67 votes
ADVERTISEMENT
Page of 5