Michigan Reinstatement of Parental Rights Bill
This is historical.
Even though the bill is sine die, it was read twice and referred to Committee. It is being fast-tracked. Please take notice that there is no Social Welfare Commission and its powers were transfered to, well I assume you can say, were absorbed with the Director, I guess.
Perhaps, the state will resurrect the Social Welfare Commission, a citizen panel of oversight of Michigan Children's Institute...after Governor Snyder does not allow Bill Johnson, the Superintendent to come back to the administration.
Thank you Senator Scott for making history for Michigan, and the rest of the world.
Senate Bill No. 1586, entitled
A bill to amend 1935 PA 220, entitled “An act to provide family home care for children committed to the care of the state, to create the Michigan children’s institute under the control of the Michigan social welfare commission, to prescribe the powers and duties thereof, and to provide penalties for violations of certain provisions of this act,” by amending sections 7 and 9 (MCL 400.207 and 400.209), section 7 as amended by 1998 PA 525 and section 9 as amended by 2004 PA 470.
The bill was read a first and second time by title and referred to the Committee on Families and Human Services.
Senator Scott introduced.
SENATE BILL No. 1586
November 30, 2010, Introduced by Senator SCOTT and referred to the Committee on Families and Human Services.
A bill to amend 1935 PA 220, entitled
"An act to provide family home care for children committed to the care of the state, to create the Michigan children's institute under the control of the Michigan social welfare commission, to prescribe the powers and duties thereof, and to provide penalties
for violations of certain provisions of this act,"
by amending sections 7 and 9 (MCL 400.207 and 400.209), section 7 as amended by 1998 PA 525 and section 9 as amended by 2004 PA 470.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7. (1) The department shall promulgate necessary rules for the maintenance, health, instruction, and training of the children under the control of the Michigan children's institute, for placing them in homes, and for their supervision while they remain public wards. The liability of a county for the cost of a child's care shall be determined under the youth rehabilitation services act, 1974 PA 150, MCL 803.301 to 803.309.
(2) The superintendent is the authorized agent of the department to implement this act.
(3) The superintendent or the department may receive any donation, grant, or personal property for the benefit of the children of the Michigan children's institute. Upon receiving a donation, grant, or personal property, the superintendent or the department shall remit it within 30 days to the state treasury to be credited to the Michigan children's institute trust fund, which is created in the state treasury. The state treasurer may keep as much of the fund as the treasurer considers advisable invested in United States government bonds, notes, bills, certificates, or other obligations, and shall credit the earnings on the investments to the fund.
(4) The department may expend necessary amounts for the purposes of the Michigan children's institute for the care and
education of the children during minority or until released as provided in this act. When a part of the trust fund is required by the department for these purposes, the superintendent shall obtain those funds by requisition.
(5) The department may utilize facilities existing in a county in caring for children and may accept the services of a voluntary organization for the benefit of the children, subject to rules promulgated by the department. The superintendent shall enforce these rules on behalf of the department.
(6) 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.
(7) The department may place and maintain a child under the control of the institute in a licensed boarding home for children. The expense of supervision and transportation of the child to the home shall be paid out of money appropriated to the institute, subject to partial reimbursement by the county liable as provided in this section. The superintendent shall cause an investigation of the condition and suitability of each boarding home to be made and a report to be made and kept on file at the superintendent's office. The report shall have the superintendent's approval before a child of the institute may be placed in the licensed boarding home.
Sec. 9. (1) The superintendent of the institute is authorized to consent to the REINSTATEMENT OF PARENTAL RIGHTS, adoption, marriage, or emancipation of any child who may have been committed to the institute, according to the laws for the REINSTATEMENT OF PARENTAL RIGHTS, adoption, marriage, or emancipation of minors. On such REINSTATEMENT OF PARENTAL RIGHTS, adoption, marriage, or
emancipation, the child so adopted, married, or emancipated shall cease to be a ward of the state.
(2) On the effective date of the amendatory act that added this subsection, the family independence agency DECEMBER 28, 2004,THE DEPARTMENT shall discontinue the Michigan children's institute
preliminary consent denial review process.
SENATE BILL No. 1587
November 30, 2010, Introduced by Senator SCOTT and referred to the Committee on Families and Human Services.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939," by amending sections 19c and 20 of chapter XIIA (MCL 712A.19c and 712A.20), section 19c as amended by 2008 PA 203, and by adding section 21a to chapter XIIA.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XIIA
Sec. 19c. (1) Except as provided in section 19(4) of this chapter and subject to subsection (14), if a child remains in placement following the termination of parental rights to the child, the court shall conduct a review hearing not more than 91 days after the termination of parental rights and no later than
every 91 days after that hearing for the first year following termination of parental rights to the child. If a child remains in a placement for more than 1 year following termination of parental
rights to the child, a review hearing shall be held no later than
182 days from the immediately preceding review hearing before the
end of the first year and no later than every 182 days from each
preceding review hearing thereafter until the case is dismissed. A
review hearing under this subsection shall not be canceled or
delayed beyond the number of days required in this subsection,
regardless of whether any other matters are pending. Upon motion by
any party or in the court's discretion, a review hearing may be
accelerated to review any element of the case. The court shall
conduct the first permanency planning hearing within 12 months from
the date that the child was originally removed from the home.
Subsequent permanency planning hearings shall be held within 12
months of the preceding permanency planning hearing. If proper
notice for a permanency planning hearing is provided, a permanency
planning hearing may be combined with a review hearing held under
section 19(2) to (4) of this chapter. A permanency planning hearing
under this section shall not be canceled or delayed beyond the
number of months required in this subsection, regardless of whether
any other matters are pending. At a hearing under this section, the
court shall review all of the following:
(a) The appropriateness of the permanency planning goal for
the child. THE COURT MAY ORDER THE AGENCY TO INVESTIGATE THE
APPROPRIATENESS OF REINSTATEMENT OF PARENTAL RIGHTS UNDER SECTION
21A OF THIS CHAPTER.
(b) The appropriateness of the child's placement.
(c) The reasonable efforts being made to place the child for
adoption or in other permanent placement in a timely manner.
(2) Subject to subsection (3), if the court determines that it
is in the child's best interests, the court may appoint a guardian
for the child.
(3) The court shall not appoint a guardian for the child
without the written consent of the MCI superintendent. The MCI
superintendent shall consult with the child's lawyer guardian ad
litem when considering whether to grant written consent.
(4) If a person believes that the decision to withhold the
consent required in subsection (3) is arbitrary or capricious, the
person may file a motion with the court. A motion under this
subsection shall contain information regarding both of the
following:
(a) The specific steps taken by the person to obtain the
consent required and the results, if any.
(b) The specific reasons why the person believes that the
decision to withhold consent was arbitrary or capricious.
(5) If a motion is filed under subsection (4), the court shall
set a hearing date and provide notice to the MCI superintendent,
the foster parents, the prospective guardian, the child, and the
child's lawyer guardian ad litem.
(6) Subject to subsection (8), if a hearing is held under
subsection (5) and the court finds by clear and convincing evidence
that the decision to withhold consent was arbitrary or capricious,
the court may approve the guardianship without the consent of the
MCI superintendent.
(7) A guardian appointed under this section has all of the
powers and duties set forth under section 15 of the estates and
protected individuals code, 1998 PA 386, MCL 700.5215.
(8) If a child is placed in a guardian's or a proposed
guardian's home under subsection (2) or (6), the court shall order
the department of human services to perform an investigation and
file a written report of the investigation for a review under
subsection (10) and the court shall order the department of human
services to do all of the following:
(a) Perform a criminal record check within 7 days.
(b) Perform a central registry clearance within 7 days.
(c) Perform a home study and file a copy of the home study
with the court within 30 days unless a home study has been
performed within the immediately preceding 365 days, under section
13a(9) of this chapter. If a home study has been performed within
the immediately preceding 365 days, a copy of that home study shall
be submitted to the court.
(9) The court's jurisdiction over a juvenile under section
2(b) of this chapter and the jurisdiction of the Michigan
children's institute under section 3 of 1935 PA 220, MCL 400.203,
shall be terminated after the court appoints a guardian under this
section and conducts a review hearing under section 19 of this
chapter, unless the juvenile is released sooner by the court.
(10) The court's jurisdiction over a guardianship created
under this section shall continue until released by court order.
The court shall review a guardianship created under this section
annually and may conduct additional reviews as the court considers
necessary. The court may order the department or a court employee
to conduct an investigation and file a written report of the
investigation.
(11) The court may, on its own motion or upon petition from
the department of human services or the child's lawyer guardian ad
litem, hold a hearing to determine whether a guardianship appointed
under this section shall be revoked.
(12) A guardian may petition the court for permission to
terminate the guardianship. A petition may include a request for
appointment of a successor guardian.
(13) After notice and hearing on a petition for revocation or
permission to terminate the guardianship, if the court finds by a
preponderance of evidence that continuation of the guardianship is
not in the child's best interests, the court shall revoke or
terminate the guardianship and appoint a successor guardian or
commit the child to the Michigan children's institute under section
3 of 1935 PA 220, MCL 400.203.
(14) This section applies only to a child's case in which
parental rights to the child were either terminated as the result
of a proceeding under section 2(b) of this chapter or a similar law
of another state or terminated voluntarily following the initiation
of a proceeding under section 2(b) of this chapter or a similar law
of another state. This section applies as long as the child is
subject to the jurisdiction, control, or supervision of the court
or of the Michigan children's institute or other agency.
Sec. 20. The court in all cases involving custody shall state
in the order for disposition or any supplemental order of
disposition whether the child is placed in the temporary or
permanent custody of the court. If the child is placed in the
temporary custody of the court, no supplemental order of
disposition providing permanent custody, or containing any other
order of disposition shall be made except at a hearing pursuant
ACCORDING to issuance of summons or notice as provided in sections
12 and 13 of this chapter or at a rehearing provided by section 19
of this chapter. If the child is placed in the permanent custody of
the court, all parental rights are terminated, though such THE
rights may be reinstated by a supplemental order of disposition after rehearing pursuant to UNDER section 21 OF THIS CHAPTER OR BY AN ORDER REINSTATING PARENTAL RIGHTS ACCORDING TO SECTION 21A OF THIS CHAPTER.
SEC. 21A. (1) IF THE COURT HAS DETERMINED THAT ADOPTION IS NO
LONGER THE JUVENILE'S PERMANENCY GOAL, AND IF AT LEAST 3 YEARS HAVE PASSED FROM THE DATE THE COURT TERMINATED PARENTAL RIGHTS, THE
AGENCY OR THE JUVENILE MAY FILE A PETITION REQUESTING REINSTATEMENT
OF PARENTAL RIGHTS. THE JUVENILE'S LAWYER-GUARDIAN AD LITEM OR AN
ATTORNEY FOR THE CHILD APPOINTED UNDER SECTION 17D(2) OF THIS
CHAPTER SHALL ASSIST THE JUVENILE TO FILE A PETITION UNDER THIS
SECTION. THE COURT MAY ORDER PARENTING TIME ACCORDING TO SECTION
13A OF THIS CHAPTER PENDING A HEARING ON THE PETITION.
(2) THE COURT SHALL NOT REINSTATE PARENTAL RIGHTS TO A FORMER
PARENT OF A JUVENILE WHO HAS BEEN COMMITTED TO THE MCI WITHOUT THE
MCI SUPERINTENDENT'S WRITTEN CONSENT.
(3) IF IT APPEARS FROM THE PETITION THAT THE JUVENILE'S FORMER
PARENT IS FIT TO HAVE PARENTAL RIGHTS REINSTATED AND THE BEST
INTEREST OF THE JUVENILE MAY BE PROMOTED BY REINSTATEMENT OF
PARENTAL RIGHTS, THE COURT SHALL HOLD A HEARING. THE COURT SHALL
CAUSE WRITTEN NOTICE OF THE HEARING THAT DESCRIBES THE HEARING'S
PURPOSE AND CONTAINS THE INFORMATION DESCRIBED IN SUBSECTION (5) TO
BE SERVED UPON THE ALL OF THE FOLLOWING:
(A) THE AGENCY.
(B) THE MCI SUPERINTENDENT.
(C) THE JUVENILE.
(D) THE JUVENILE'S LAWYER-GUARDIAN AD LITEM.
(E) THE JUVENILE'S FOSTER PARENT OR RELATIVE CAREGIVER.
(F) THE JUVENILE'S FORMER PARENT WHOSE PARENTAL RIGHTS MAY BE
REINSTATED.
(G) IF TRIBAL AFFILIATION HAS BEEN DETERMINED, THE ELECTED
LEADER OF THE INDIAN TRIBE.
(H) OTHER PERSONS AS THE COURT MAY DIRECT.
(4) THE COURT SHALL TERMINATE THE RIGHTS OF THE MCI AND
REINSTATE A PARENT'S PARENTAL RIGHTS IF THE COURT FINDS BY CLEAR
AND CONVINCING EVIDENCE THAT REINSTATEMENT OF PARENTAL RIGHTS IS IN
THE JUVENILE'S BEST INTEREST. THE COURT SHALL CONSIDER, BUT IS NOT
LIMITED TO CONSIDERING, ALL OF THE FOLLOWING:
(A) WHETHER THE PARENT IS FIT AND HAS REMEDIED THE GROUNDS
THAT SUPPORTED TERMINATION OF HIS OR HER PARENTAL RIGHTS, AS
PROVIDED IN THE RECORD OF THE PRIOR TERMINATION PROCEEDINGS AND
PRIOR TERMINATION ORDER.
(B) THE AGE AND MATURITY OF THE JUVENILE AND THE ABILITY OF
THE JUVENILE TO EXPRESS HIS OR HER PREFERENCE.
(C) WHETHER REINSTATEMENT OF PARENTAL RIGHTS WILL PRESENT A
RISK TO THE JUVENILE'S HEALTH, WELFARE, OR SAFETY.
(D) OTHER MATERIAL CHANGES IN CIRCUMSTANCES, IF ANY, THAT MAY
HAVE OCCURRED SINCE THE DATE OF THE ORDER TERMINATING PARENTAL
RIGHTS.
(5) THE JUVENILE'S FOSTER PARENT OR RELATIVE CAREGIVER HAS A
RIGHT TO BE HEARD AT A HEARING HELD UNDER THIS SECTION.
(6) AN ORDER ENTERED UNDER THIS SECTION REINSTATING PARENTAL
RIGHTS DOES NOT MODIFY, VACATE, OR SET ASIDE THE ORDER TERMINATING
PARENTAL RIGHTS. AN ORDER REINSTATING PARENTAL RIGHTS UNDER THIS
SECTION RESTORES ALL RIGHTS, POWERS, PRIVILEGES, IMMUNITIES,
DUTIES, AND OBLIGATIONS OF THE PARENT REGARDING THE JUVENILE,
INCLUDING THOSE RELATED TO CUSTODY, CONTROL, AND SUPPORT OF THE
JUVENILE.
(7) THIS SECTION APPLIES TO ANY CHILD WHO IS UNDER THE
JURISDICTION OF THE COURT OR MCI AT THE TIME OF THE HEARING
REGARDLESS OF THE DATE PARENTAL RIGHTS WERE TERMINATED.
