The child’s supervising agency must ensure that “the child receives a medical examination when the child is first placed in foster care.” MCL 722.954c(5). “One objective of this examination is to provide a record of the child’s medical and physical status upon entry into foster care.” Id.
“If a child under the care of a supervising agency has suffered sexual abuse, serious physical abuse, mental illness, or is alleged to be the victim of human trafficking, the supervising agency shall have an experienced and licensed mental health professional as defined under [MCL 330.1100b(19)(a), MCL 330.1100b(19)(b), or MCL 330.1100b(19)(d)],1 who is trained in children’s psychological assessments perform an assessment or psychological evaluation of the child.” MCL 722.954c(4).2 The supervising agency must bear the costs of the assessment or evaluation. Id. “If an assessment or psychological evaluation required under [MCL 722.954c(4)] indicates that a child may have been a victim of human trafficking, the supervising agency shall provide, in addition to any reunification, adoption, or other services provided to a child under the supervising agency’s care, counseling services appropriate for minor victims of human trafficking.” MCL 722.954c(6).
The supervising agency must obtain the name and address of the child’s medical provider and a signed release of the child’s medical records from the parent, guardian, or custodian. MCL 722.954c(1). The child’s medical provider must remain constant while the child is in foster care, unless the child’s current primary medical provider is a managed care health plan, or unless requiring the medical provider to remain constant would create an unreasonable burden for the child’s relative, foster parent, or other custodian. Id.
Note: The court must include in its placement order an order that “the child’s parent, guardian, or custodian provide the supervising agency with the name and address of each of the child’s medical providers.” MCL 712A.13a(19)(a); MCR 3.965(C)(8)(a). The placement order must also include an order that “each of the child’s medical providers release the child’s medical records.”3 MCL 712A.13a(19)(b); MCR 3.965(C)(8)(b).
The supervising agency must develop a medical passport for each child coming within its care. MCL 722.954c(2). The medical passport must contain all of the following:
“(a) All medical information required by policy or law to be provided to foster parents.
(b) Basic medical history.
(c) A record of all immunizations.
(d) Any other information concerning the child’s physical and mental health, including information that the child may be a victim of human trafficking.” MCL 722.954c(2).
The DHHS requires the supervising agency to provide a copy of all medical passports and updates for maintenance in a central location. MCL 722.954c(3).
A foster care worker who transfers a child’s medical passport to another foster care worker must sign and date it, verifying that the worker has sought and obtained the required information and any additional information required by the DHHS policy. MCL 722.954c(3).
C.Authority to Consent to Medical Treatment
If a child is placed outside the home, the child placing agency, the department,4 or a court may consent to “routine, nonsurgical medical care, or emergency medical and surgical treatment” of a child. MCL 722.124a(1). See Section 3.3 for a detailed discussion of ordering medical treatment for a child.
Note: If the child is placed in a child care organization,5 the child placing agency, the department, or the court must execute a written instrument that grants the organization authority to consent to the child’s emergency medical and surgical treatment. MCL 722.124a(1). The department may also execute a written instrument granting the child care organization the authority to consent to the child’s routine, nonsurgical medical care. Id.
If the child is placed in a child care institution,6 the child placing agency, the department, or the court must, in addition to emergency medical and surgical treatment, execute a written instrument that grants the institution authority to consent to the child’s routine, nonsurgical medical care. MCL 722.124a(1).
Only the child’s parent or guardian may consent to nonemergency, elective surgery for a child in foster care. MCL 722.124a(3). However, if a court terminated the parent’s parental rights, the court or the agency with jurisdiction over the child may consent to nonemergency, elective surgery. Id.
Note: “[R]outine, nonsurgical medical care” does not include “contraceptive treatment, services, medication or devices.” MCL 722.124a(4). The DHHS does not consider the prescription or use of psychotropic medications as routine, nonsurgical medical care. DHHS’s Children’s Foster Care Manual (FOM), Prudent Parent Standard and Delegation of Parental Consent FOM 722-11.
1 The specific definitions of mental health professional to which MCL 722.954a(4) refers now appear in MCL 330.1100b(19)(a)-(b) and MCL 330.1100b(19)(d). See 2020 PA 285 and 2020 PA 402, effective March 24, 2021.
2 See MCL 712A.12 and MCR 3.923(B), which also permit the court to order an assessment or psychological evaluation of a child.
3 The placement order may specify providers by profession or type of institution. MCL 712A.13a(19)(b).
4 For purposes of the Child Care Licensing Act, MCL 722.111 et seq., “[d]epartment means the department of health and human services and the department of licensing and regulatory affairs or a successor agency or department responsible for licensure under this act. The department of licensing and regulatory affairs is responsible for licensing and regulatory matters for child care centers, group child care homes, family child care homes, children’s camps, and children’s campsites. The department of health and human services is responsible for licensing and regulatory matters for child caring institutions, child placing agencies, children’s therapeutic group homes, foster family homes, and foster family group homes.” MCL 722.111(m).
5 A child care organization is “a governmental or nongovernmental organization having as its principal function receiving minor children for care, maintenance, training, and supervision, notwithstanding that educational instruction may be given. Child care organization includes organizations commonly described as child caring institutions, child placing agencies, children’s camps, children’s campsites, children’s therapeutic group homes, child care centers, day care centers, nursery schools, parent cooperative preschools, foster homes, group homes, or child care homes.”MCL 722.111(b).
6 A child caring institution is “a child care facility that is organized for the purpose of receiving minor children for care, maintenance, and supervision, usually on a 24-hour basis, in buildings maintained by the child caring institution for that purpose, and operates throughout the year. . . . Child caring institution also includes an institution for developmentally disabled or emotionally disturbed minor children.” MCL 722.111(c).