Monday, November 9, 2015

Michigan Puts Its Foot In Its Mouth With Child Welfare Bill

Michigan Child Welfare Law is so disjointed that even the rotational Legislature, a reference to term
limits, is not even aware that this extremely poor legislative analysis is the equivalent of putting its foot in its mouth.

You see, Michigan just admitted, through this Bill and Legislative Analysis, that it violates federal law!

Why does the Legislature need to craft a Bill which would notify relatives of a child being placed under the authority of the state?

Because it does not notify relatives, like um.... oh, let's just say, for example, parents.

That is correct.  Michigan sucks when it comes to effectuation of service to the legal guardians of children.  And whatever you do, do not mention Wayne County, because, as the largest concentration of population in the state and the largest mass of children living in poverty in the United States, it just sucks even worse.

For example.  A father who is incarcerated for non-payment of child support because there are no jobs and if there are jobs they are minimum wage or less cannot survive off the remainder of his check, and therefore resorts to alternative forms of generating income.

9 times out of 10, these alternative forms of generating income are considered illegal, non-violent and carry a much stiffer sentence if the father is of the darker persuasion for falling behind on child support payments.

Then, when the incarcerated parent is released, the chances of obtaining a job with a criminal record is just dismal.

It is the cultural norm for a Child Protective Services ex-parte hearing to not notify the incarcerated legal parent as one is guilty until proven innocent in child welfare proceedings.

The child welfare workers are not even trained very well to do an online search for the legal guardian.
I wish someone would clarify why this link to the Michigan Child Welfare Training Institute is a .com and not a .gov.

Do I smell privatization?

Then you have this analysis which did not even take the time to find out if there were any other congruent laws on the books.

MCL 400.207 § 7(6) states in pertinent part:
“An agreement entered into with a person for the care of a child who is a ward of the Michigan children's institute shall provide that the department may cancel the agreement if, in the department's opinion, the interest of the child requires it. 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.” (emphasis added)
Simply put, Michigan stuck its foot in its mouth because this Bill is an admission of culpability: 
  1. It violates due process by not notifying legal guardians when a child is placed under the auspices of the state in foster care;
  2. It violates federal law regarding relative placement;
  3. It demonstrates that it is engaging in questionable billing practices of federal funding; and,
  4. It justifies remaining under federal court oversight because they lied to the Court regarding compliance with the consent agreement.
This Bill most certainly does have a fiscal impact upon the state.  The more people you engage in placement discussions, the more children are placed with relatives, reducing caseloads and unnecessary billings.


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