Bill Text: MI SB0484 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Children; parental rights; process to allow the reinstatement of terminated parental rights; create. Amends 1939 PA 288 (MCL 710.21 - 712B.41) by adding sec. 21a to ch. XIIA.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2015-09-10 - Referred To Committee On Families, Seniors And Human Services [SB0484 Detail]

Download: Michigan-2015-SB0484-Introduced.html

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SENATE BILL No. 484

 

 

September 10, 2015, Introduced by Senators JONES and SHIRKEY and referred to the Committee on Families, Seniors and Human Services.

 

 

 

     A bill to amend 1939 PA 288, entitled

 

"Probate code of 1939,"

 

(MCL 710.21 to 712B.41) by adding section 21a to chapter XIIA.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER XIIA

 

     Sec. 21a. (1) The court may issue an order reinstating

 

parental rights if the court has determined that adoption or

 

guardianship is no longer the child's permanency goal, if 3 years

 

or more have passed from the date of the termination of parental

 

rights, and if 1 of the following is true:

 

     (a) The child is at least 14 years of age.

 

     (b) The child is the younger sibling of a child who is at

 

least 14 years of age for whom reinstatement of parental rights is

 

being sought.

 

     (2) The department, the MCI, or the child's lawyer-guardian ad

litem may file a petition requesting reinstatement of parental

 

rights.

 

     (3) The court may request that the agency investigate whether

 

reinstatement is in the child's best interests.

 

     (4) The court may order parenting time according to section

 

13a of this chapter pending a hearing on the petition.

 

     (5) If it appears from the petition that the child's former

 

parent may be fit to have his or her parental rights reinstated and

 

the child's best interests may be promoted by reinstatement of

 

parental rights, the court shall hold a hearing. The court shall

 

cause written notice of the hearing and the petition to be served

 

on all of the following:

 

     (a) The department.

 

     (b) The MCI superintendent.

 

     (c) The child.

 

     (d) The child's lawyer-guardian ad litem.

 

     (e) The child's foster parent or relative caregiver.

 

     (f) The child's former parent whose parental rights may be

 

reinstated.

 

     (g) If the child is an Indian child as defined in section 3 of

 

chapter XIIB, every person required to be notified under chapter

 

XIIB.

 

     (h) Any other person as the court directs.

 

     (6) Before the hearing, the agency shall complete a criminal

 

record check and perform a central registry clearance. The

 

information obtained through the criminal record check and the

 

central registry clearance shall be submitted to the court before

 

the hearing concerning the establishment of a trial period for

 

reinstatement of parental rights.

 

     (7) If the child is committed to the MCI, the MCI

 

superintendent shall provide a recommendation to the court as to

 

whether reinstatement of parental rights is in the child's best

 

interests.

 

     (8) In a hearing on the petition to reinstate parental rights,

 

the court shall consider, at a minimum, 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 parental rights termination

 

proceedings and the order terminating parental rights.

 

     (b) The age and maturity of the child and the child's

 

preference with regard to reinstatement of parental rights.

 

     (c) Whether reinstatement of parental rights will present a

 

risk to the child's health, welfare, or safety.

 

     (d) Information found as a part of the criminal record check

 

performed under this section.

 

     (e) Other material changes in circumstances, if any, that may

 

have occurred since the date of the order terminating parental

 

rights.

 

     (9) If the court finds by clear and convincing evidence that

 

reinstatement of parental rights is in the child's best interests,

 

the court shall remove the child from the commitment of the MCI and

 

reinstate the parent's parental rights.

 

     (10) If the court finds that a trial period of reinstatement

 

of parental rights is in the child's best interests, the court may

 

order a trial period of reinstatement of parental rights that does

 

not exceed 180 days.

 

     (11) If the court issues an order reinstating parental rights,

 

the department shall ensure that transition services are provided

 

for the family as appropriate.

 

     (12) If the court issues an order for a trial period of

 

reinstatement of parental rights, both of the following apply:

 

     (a) The child shall be conditionally placed in the physical

 

care of the parent for a period not to exceed 180 days.

 

     (b) During the trial period, the MCI shall do all of the

 

following:

 

     (i) Retain legal custody of the child, permitting the

 

department to visit the child in the parent's home, at school, in a

 

facility, or in any other setting the department considers

 

necessary and appropriate.

 

     (ii) Develop a permanent plan for reunification and ensure

 

that transition services are provided to the family, as

 

appropriate.

 

     (iii) At the MCI superintendent's discretion, remove the child

 

from placement with the former parent at any time if the MCI

 

superintendent considers that the child's health, welfare, or

 

safety is at risk or that it is no longer in the child's best

 

interests for the child to remain with the former parent.

 

     (iv) Notify the court within 3 days if the child has been

 

removed from placement with the parent without a court order. If

 

the child has been removed from placement with the parent without a

 

court order, the court shall order a hearing on the physical

 

custody of the child within 7 days of the removal.

 

     (13) The court shall review the trial reinstatement period not

 

less than 1 time every 90 days throughout the trial period.

 

     (14) The agency shall assess the trial reinstatement and

 

submit a report to the court and all parties before each review

 

hearing.

 

     (15) The court may terminate the trial reinstatement if the

 

court finds during the trial period that permanent reinstatement is

 

not in the child's best interests.

 

     (16) Following the trial reinstatement period, if the court

 

determines by clear and convincing evidence that permanent

 

reinstatement is in the child's best interests, the court shall

 

remove the child from the commitment of the MCI and reinstate the

 

parent's parental rights.

 

     (17) A final or trial reinstatement order entered under this

 

section does not modify, vacate, or set aside the order terminating

 

parental rights. An order reinstating parental rights following

 

successful completion of the trial period under this section

 

restores all rights, powers, privileges, immunities, duties, and

 

obligations of the parent regarding the child, including those

 

related to custody, control, and support of the child.

 

     (18) As used in this section:

 

     (a) "Agency" means that term as defined in section 13a of this

 

chapter.

 

     (b) "Sibling" means 1 of 2 or more individuals having in

 

common 1 or both biological or adoptive parents, where a court has

 

previously terminated parental rights of 1 or both of those

 

parents.