Rule 3.616. Proceeding to Determine Continuation of Voluntary Foster Care Services.

(A)    Scope of Rule. This rule governs review of all voluntary foster care agreements made pursuant to article II of the Young Adult Voluntary Foster Care Act, MCL 400.645 through MCL 400.663.

   (B)   Jurisdiction. Upon the filing of a petition under this rule, the family division of the circuit court has jurisdiction to review an agreement for the voluntary extension of foster care services after age 18.

   (C)   Court File. Upon the filing of a petition under subrule (E), the court shall open a file using the appropriate case classification code from MCR 8.117(A)(9). The file shall be closed following the issuance of the court’s determination under subrule (F).

   (D)   Form. The petition and the judicial determination shall be prepared on forms approved by the state court administrator.

   (E)   Ex Parte Petition; Filing, Contents, Service. Within 150 days after the signing of a voluntary foster care agreement, the Department of Human Services shall file with the family division of the circuit court, in the county where the youth resides, an ex parte petition requesting the court’s determination that continuing in voluntary foster care is in the youth’s best interests.

(1)   Contents of Petition. The petition shall contain

(a)   the youth’s name, date of birth, race, gender, and current address;

(b)   the name, date of birth, and residence address of the youth’s parents or legal custodian (if parental rights have not been terminated);

(c)   the name and address of the youth’s foster parent or parents;

(d)   a statement that the youth has been notified of the right to request a hearing regarding continuing in foster care;

(e)   a showing that jurisdiction of a court over the youth’s child protective proceeding has been terminated, including the name of the court and the date jurisdiction was terminated; and

(f)   any other information the Department of Human Services, parent or legal custodian, youth, or foster parent wants the court to consider.

(2)   Supporting Documents. The petition shall be accompanied by a written report prepared pursuant to MCL 400.655 and a copy of the signed voluntary foster care agreement.

(3)   Service. The Department of Human Services shall serve the petition on

(a)   the youth; and

(b)   the foster parent or parents, if any.

(F)   Judicial Determination. The court shall review the petition, report, and voluntary foster care agreement filed pursuant to subrule (E), and then make a determination whether continuing in voluntary foster care is in the best interests of the youth.

(1)   Written Order; Time. The court shall issue an order that includes its determination and individualized findings that support its determination. The findings shall be based on the Department of Human Services’ written report and other information filed with the court. The order must be signed and dated within 21 days of the filing of the petition.

      (2)   Service. The court shall serve the order on

(a)   the Department of Human Services;

(b)   the youth; and

(c)   the foster parent or parents, if any.

   (G)   Confidential File. The Department of Human Services and the youth are entitled to access to the records contained in the file, but otherwise, the file is confidential.