There is a reason why relative placement in Michigan has stagnated in the Senate.
Re: 2007 House Bill 4735 (Give preference to relatives over foster care )
"...If a parent or relative within the third degree of consanguinity or affinity of a child who is a ward of the institute establishes a suitable home and is capable and willing to support the child, the department may restore the child to his or her parent or relative. The institute may assist the parent or relative with the support of the child if the aid is less than the cost of care the institute would otherwise provide."
It seems, in part, there is already legislation on the books to reinstate parental rights. Unfortunately, there, also, exists a desperate need to clean up all the statutes pertaining to child welfare, for they are extremely antiquated and incoherent.
(3) Before determining placement of a child in its care, a supervising agency shall give special consideration and preference to the child's relatives. If a supervising agency determines that a child's relative is willing to care for the child, [ ] is fit to do so,[and would meet the child's developmental, emotional, and physical needs,] the child shall be placed in that relative's home unless that placement is determined to be [ ] not in the child's best interests.
There are two terms which have also hindered the passage of this bill. The first being "shall". The supervising agency "shall give special consideration" to relative care givers but is not mandated to do so. There is no State oversight to even enforce the matter.
The second term is "fit". A caregiver is determined to be "unfit" if they are not able to provide for the needs of the child, meaning, poverty or a reliance upon social support systems deems the relative who is impoverished not eligible for relative placement.
Poverty is not a crime, but it is in Michigan's child welfare system.
Michigan entered the Children's Rights settlement agreement because it was unable to come into federal compliance in other substantial areas of its child welfare system.
The Legislature needs look no further for legislative analysis as this is my area of expertise.
Beverly Tran
An Original Source
From The Detroit News: http://apps.detnews.com/apps/forums/writeus.php#ixzz0t7OLxkQn
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