DHS Policy re: Incarceration of Foster Care Children

You have to love government bureaucracy.   DHS announced a new policy limit the placement of DHS foster care children and youth (temporary court wards and MCI wards) in jail, correctional, or detention facilities, unless the placement is pursuant to a delinquency charge. Essentially, under the policy foster care wards or MCI wards are not to be placed in jail or secure detention, unless there is a delinquency petition filed.   If a ward is jailed without a delinquency petition, they must be removed within 5 days.  If it comes to the attention of law enforcement that a foster care or MCI ward is incarcerated, they are to notify the local DHS office, so the child can be removed.

The policy reads as follows:

Secure detention or jail is not to be used for neglect/abuse wards or MCI (Act 220 and Act 296) wards, unless a delinquency complaint or petition has been filed, and the judge has issued an order for detention.

If a foster care child is placed in jail or a detention center without a delinquency charge and signed court order, the foster care worker will move the child to a foster care placement as soon as practical but in all cases within five days, unless the court orders otherwise over the foster care worker’s objection.

If a foster care child is placed in jail or a detention center with a delinquency charge and the court disposition is an order to return the child to foster care, the foster care worker will move the child to a foster care placement as soon as practical but in all cases within five days, unless the court orders otherwise over the foster care worker’s objection.

One would think it would not be necessary to create a policy that states foster care children should not be placed in jail or prison, but here you go.  This policy is the result of the consent decree in Dwayne B. v. Granholm et al.

© 2009, Melinda Deel. All rights reserved.

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