If a juvenile cannot be returned to the parent(s), guardian
or custodian, the juvenile shall be placed in the least restrictive
setting which most approximates a family and in which the special
needs, if any, may be met. Consistent with the placement priorities
described below, efforts shall be made to place the juvenile in a
home or facility within the Michigan counties of Allegan, Barry, Branch,
Calhoun, Kalamazoo, Kent, and Ottawa or in other areas in which culturally
appropriate services are available. Efforts shall also be made to
place the juvenile in reasonable proximity to his/her home, taking
into account any special needs of the juvenile.
A juvenile may be placed outside of the home of the parent(s),
guardian or custodian, pending a Court hearing, according to the following
in order of preference. Placement priorities may be deviated from
by the Court based upon a finding of good cause that is in the juvenile's
best interest, and that: (1) gives preference to the juvenile regarding
his/her placement; or (2) the Court finds that the home of the noncustodial
biological parent is an appropriate placement:
A.
Members of the juvenile's immediate or extended family, who
are members of the NHBP, the Match-E-Be-Nash-She-Wish Band of Pottawatomi
Indians, Pokagon Band of Potawatomi Indians, or other Potawatomi,
Ottawa or Chippewa Tribe; or
B.
Members of the juvenile's immediate or extended family, who
are members of a federally recognized or state historic tribe which
is located outside of the State of Michigan, or who are members of
a Canadian Indian tribe or band; or
C.
Other members of the juvenile's immediate or extended family;
or
D.
An Indian family of the Nottawaseppi Huron Band of the Potawatomi
which is licensed by the state or a tribe as a foster home or an Indian
family otherwise authorized by law to provide care for the juvenile;
or
E.
A facility operated by a licensed Indian Child Welfare services agency;
or
F.
Any other suitable placement that meets the standards established
by the tribal government; or
G.
An approved juvenile detention facility.
A juvenile who is 17 years of age or older and who is alleged to have committed a violent crime may be detained in jail or other licensed detention facility used for the detention of adults only under exceptional circumstances, where a facility in § 7.3-55G is unavailable or would not assure adequate supervision of the juvenile. Such detention must satisfy the following criteria:
