Form JC 78 Order After Post Termination Review/Permanency Planning Hearing (Child Protective Proceedings) - Michigan

Form JC78 or the "Order After Post Termination Review/permanency Planning Hearing (child Protective Proceedings)" is a form issued by the Michigan Juvenile Court.

Download a PDF version of the Form JC78 down below or find it on the Michigan Juvenile Court Forms website.

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PCS CODE: PTR
Approved, SCAO
TCS CODE: PTRV/OFPT
STATE OF MICHIGAN
CASE NO.
ORDER AFTER POSTTERMINATION 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. Last permanency planning hearing date:
(Specify for each child if different.)
4. Parental rights to the child(ren) named above were previously terminated.
5. Notice of hearing for the
review
permanency planning
combined review and permanency planning
hearing was served as required by law.
6. The court has considered the permanency 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)
THE COURT FINDS:
7. A
review
permanency planning
combined review and permanency planning hearing
was conducted.
8. The lawyer-guardian ad litem
has
has not
complied with the requirements of MCL 712A.17d.
9. Reasonable efforts
have
have not
been made to finalize the court-approved permanency plan of
a. adoption for the child(ren) named
.
b. legal guardianship for the child(ren) named
.
c. placement with a fit and willing relative for the child(ren) named
.
d. 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.)
See additional pages.
Do not write below this line - For court use only
Use Note: Use this form for posttermination
review hearings, posttermination permanency
planning hearings, or a combination of both
in accordance with MCL 712A.19c.
Reference Note: The term “department” refers to
the Department of Health and Human Services.
ORDER AFTER POSTTERMINATION REVIEW/PERMANENCY PLANNING HEARING
JC 76 (12/18)
MCL 712A.19, MCL 712A.19c,
(CHILD PROTECTIVE PROCEEDINGS)
MCL 712A.20, MCR 3.978, MCR 3.979
PCS CODE: PTR
Approved, SCAO
TCS CODE: PTRV/OFPT
STATE OF MICHIGAN
CASE NO.
ORDER AFTER POSTTERMINATION 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. Last permanency planning hearing date:
(Specify for each child if different.)
4. Parental rights to the child(ren) named above were previously terminated.
5. Notice of hearing for the
review
permanency planning
combined review and permanency planning
hearing was served as required by law.
6. The court has considered the permanency 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)
THE COURT FINDS:
7. A
review
permanency planning
combined review and permanency planning hearing
was conducted.
8. The lawyer-guardian ad litem
has
has not
complied with the requirements of MCL 712A.17d.
9. Reasonable efforts
have
have not
been made to finalize the court-approved permanency plan of
a. adoption for the child(ren) named
.
b. legal guardianship for the child(ren) named
.
c. placement with a fit and willing relative for the child(ren) named
.
d. 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.)
See additional pages.
Do not write below this line - For court use only
Use Note: Use this form for posttermination
review hearings, posttermination permanency
planning hearings, or a combination of both
in accordance with MCL 712A.19c.
Reference Note: The term “department” refers to
the Department of Health and Human Services.
ORDER AFTER POSTTERMINATION REVIEW/PERMANENCY PLANNING HEARING
JC 76 (12/18)
MCL 712A.19, MCL 712A.19c,
(CHILD PROTECTIVE PROCEEDINGS)
MCL 712A.20, MCR 3.978, MCR 3.979
Order After Posttermination Review/Permanency Planning Hearing (12/18) Page
of
Case No.
Order
of
Petition No.
10. The permanency planning goal in item 9
is appropriate.
is no longer appropriate and shall be:
.
11. Progress toward the child(ren)’s adoption or other permanent placement
was
was not made in a timely manner.
12. The child(ren)’s continued placement
is necessary and appropriate and is meeting the child(ren)’s needs.
is no longer necessary or appropriate.
13.
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 17 to order sibling contact)
14. The appointment of a juvenile guardian is in the best interest of the child(ren) named above in item 9.b.
The court
has received and considered the information required by MCR 3.979(A)(1) and (3) and the proposed guardian should be
appointed.
15. 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.)
16. A juvenile guardianship for
was revoked pursuant to MCR 3.979(F), and this hearing is held under MCR 3.979(F)(7).
The child(ren) was/were
committed to the department for permanency planning, supervision, care, and placement under MCL 400.203.
IT IS ORDERED:
17. Sibling contact shall be as follows:
18. The child(ren)’s commitment under
MCL 400.203
MCL 710.29
continues.
(MCI ward)
(adoption code)
19. The department shall, for the child(ren) named in item 9.b,
a. 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.
b. 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 study shall be submitted to the
court.
c. seek the written consent for the appointment of the proposed juvenile guardian from the superintendent of the Michigan
Children’s Institute, to be filed with the court within 28 days.
20. The child(ren) shall be placed under juvenile guardianship pursuant to MCR 3.979(B).
(See separate order, form JC 91.)
21. The department shall make reasonable efforts to finalize the permanency plan for each child.
22. The child(ren) has/have been adopted and the jurisdiction of this court is terminated.
23. The jurisdiction of this court is terminated because of the child(ren)’s age(s).
24. The jurisdiction of this court is terminated pursuant to MCL 712A.19c(9) and MCR 3.979(C).
Order After Posttermination Review/Permanency Planning Hearing (12/18) Page
of
Case No.
Order
of
Petition No.
IT IS ORDERED: (continued)
25. Other:
26. Review hearings shall be held as follows:
(Note: The review hearing shall not be delayed beyond the number of days required regardless
whether 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.)
posttermination 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.
27. A hearing to appoint the juvenile guardian under MCR 3.979(B) shall be held
.
No later than 35 days
28.
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 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 9.d).

Download Form JC 78 Order After Post Termination Review/Permanency Planning Hearing (Child Protective Proceedings) - Michigan

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