Bill Text: MI SB1091 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Family law; other; procedures for permanency planning; modify, and require compliance with federal standards. Amends sec. 19a, ch. XIIA of 1939 PA 288 (MCL 712A.19a).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-12-30 - Assigned Pa 0497'16 12/30/16 Addenda [SB1091 Detail]
Download: Michigan-2015-SB1091-Introduced.html
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SENATE BILL No. 1091
September 21, 2016, Introduced by Senator EMMONS and referred to the Committee on Families, Seniors and Human Services.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending section 19a of chapter XIIA (MCL 712A.19a), as amended
by 2012 PA 115.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XIIA
Sec. 19a. (1) Subject to subsection (2), if a child remains in
foster care and parental rights to the child have not been
terminated, the court shall conduct a permanency planning hearing
within 12 months after the child was removed from his or her home.
Subsequent permanency planning hearings shall be held no later than
every 12 months after each preceding permanency planning hearing
during the continuation of foster care. 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, but no later than 12 months from the
removal of the child from his or her home, from the preceding
permanency planning hearing, or from the number of days required
under subsection (2). A permanency planning hearing shall not be
canceled or delayed beyond the number of months required by this
subsection or days as required under subsection (2), regardless of
whether there is a petition for termination of parental rights
pending.
(2) The court shall conduct a permanency planning hearing
within 30 days after there is a judicial determination that
reasonable efforts to reunite the child and family are not
required. Reasonable efforts to reunify the child and family must
be made in all cases except if any of the following apply:
(a) There is a judicial determination that the parent has
subjected the child to aggravated circumstances as provided in
section 18(1) and (2) of the child protection law, 1975 PA 238, MCL
722.638.
(b) The parent has been convicted of 1 or more of the
following:
(i) Murder of another child of the parent.
(ii) Voluntary manslaughter of another child of the parent.
(iii) Aiding or abetting in the murder of another child of the
parent or voluntary manslaughter of another child of the parent,
the attempted murder of the child or another child of the parent,
or the conspiracy or solicitation to commit the murder of the child
or another child of the parent.
(iv) A felony assault that results in serious bodily injury to
the child or another child of the parent.
(c) The parent has had rights to the child's siblings
involuntarily terminated.
(d) The parent is required by court order to register under
the sex offenders registration act.
(3) A permanency planning hearing shall be conducted to review
the status of the child and the progress being made toward the
child's return home or to show why the child should not be placed
in the permanent custody of the court. The court shall obtain the
child's views regarding the permanency plan in a manner that is
appropriate to the child's age. In the case of a child who will not
be returned home, the court shall consider in-state and out-of-
state placement options. In the case of a child placed out-of-
state, the court shall determine whether the out-of-state placement
continues to be appropriate and in the child's best interests. The
court shall ensure that the agency is providing appropriate
services to assist a child who will transition from foster care to
independent living.
(4) At or before each permanency planning hearing, the court
shall determine whether the agency has made reasonable efforts to
finalize the permanency plan. At the hearing, the court shall
determine whether and, if applicable, when the following must
occur:
(a) The child may be returned to the parent, guardian, or
legal custodian.
(b) A petition to terminate parental rights should be filed.
(c) The child may be placed in a legal guardianship.
(d) The child may be permanently placed with a fit and willing
relative.
(e) The child may be placed in another planned permanent
living arrangement, but only in those cases where the agency has
documented to the court a compelling reason for determining that it
would not be in the best interest of the child to follow 1 of the
options listed in subdivisions (a) to (d).
(5) The court shall determine whether or not the agency,
foster home, or institutional placement has followed the reasonable
and prudent parenting standard that the child has had regular
opportunities to engage in age or developmentally appropriate
activities.
(6) (4)
Not less than 14 days before a
permanency planning
hearing, written notice of the hearing and a statement of the
purposes of the hearing, including a notice that the hearing may
result in further proceedings to terminate parental rights, shall
be served upon all of the following:
(a) The agency. The agency shall advise the child of the
hearing if the child is 11 years of age or older.
(b) The foster parent or custodian of the child.
(c) If the parental rights to the child have not been
terminated, the child's parents.
(d) If the child has a guardian, the guardian for the child.
(e) If the child has a guardian ad litem, the guardian ad
litem for the child.
(f) If tribal affiliation has been determined, the elected
leader of the Indian tribe.
(g) The attorney for the child, the attorneys for each party,
and the prosecuting attorney if the prosecuting attorney has
appeared in the case.
(h) If the child is 11 years of age or older, the child.
(i) Other persons as the court may direct.
(7) (5)
If parental rights to the child
have not been
terminated and the court determines at a permanency planning
hearing that the return of the child to his or her parent would not
cause a substantial risk of harm to the child's life, physical
health, or mental well-being, the court shall order the child
returned to his or her parent. In determining whether the return of
the child would cause a substantial risk of harm to the child, the
court shall view the failure of the parent to substantially comply
with the terms and conditions of the case service plan prepared
under section 18f of this chapter as evidence that return of the
child to his or her parent would cause a substantial risk of harm
to the child's life, physical health, or mental well-being. In
addition to considering conduct of the parent as evidence of
substantial risk of harm, the court shall consider any condition or
circumstance of the child that may be evidence that a return to the
parent would cause a substantial risk of harm to the child's life,
physical health, or mental well-being.
(8) (6)
If the court determines at a
permanency planning
hearing that a child should not be returned to his or her parent,
the court may order the agency to initiate proceedings to terminate
parental rights. Except as otherwise provided in this subsection,
if the child has been in foster care under the responsibility of
the state for 15 of the most recent 22 months, the court shall
order the agency to initiate proceedings to terminate parental
rights. The court is not required to order the agency to initiate
proceedings to terminate parental rights if 1 or more of the
following apply:
(a) The child is being cared for by relatives.
(b) The case service plan documents a compelling reason for
determining that filing a petition to terminate parental rights
would not be in the best interest of the child. Compelling reasons
for not filing a petition to terminate parental rights include, but
are not limited to, all of the following:
(i) Adoption is not the appropriate permanency goal for the
child.
(ii) No grounds to file a petition to terminate parental
rights exist.
(iii) The child is an unaccompanied refugee minor as defined
in 45 CFR 400.11.
(iv) There are international legal obligations or compelling
foreign policy reasons that preclude terminating parental rights.
(c) The state has not provided the child's family, consistent
with the time period in the case service plan, with the services
the state considers necessary for the child's safe return to his or
her home, if reasonable efforts are required.
(9) (7)
If the agency demonstrates under
subsection (6) (8)
that initiating the termination of parental rights to the child is
clearly not in the child's best interests, or the court does not
order the agency to initiate termination of parental rights to the
child
under subsection (6), (8),
then the court shall order 1 or
more of the following alternative placement plans:
(a) If the court determines that other permanent placement is
not possible, the child's placement in foster care shall continue
for a limited period to be stated by the court.
(b) If the court determines that it is in the child's best
interests based upon compelling reasons, the child's placement in
foster care may continue on a long-term basis.
(c)
Subject to subsection (9), (11),
if the court determines
that it is in the child's best interests, appoint a guardian for
the child, which guardianship may continue until the child is
emancipated.
(10) (8)
A guardian appointed under
subsection (7)(c) (9)(c)
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.
(11) (9)
If a child is placed in a
guardian's or a proposed
guardian's
home under subsection (7)(c), (9)(c),
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) (12) 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(10)
13a(11) 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.
(12) (10)
The court's jurisdiction over a
juvenile under
section 2(b) of this chapter 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.
(13) (11)
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 of human services or
a court employee to conduct an investigation and file a written
report of the investigation.
(14) (12)
In making the determinations under
this section, the
court shall consider any written or oral information concerning the
child from the child's parent, guardian, custodian, foster parent,
child caring institution, relative with whom the child is placed,
or guardian ad litem in addition to any other evidence, including
the appropriateness of parenting time, offered at the hearing.
(15) (13)
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.
(16) (14)
A guardian may petition the court
for permission to
terminate the guardianship. A petition may include a request for
appointment of a successor guardian.
(17) (15)
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 restore temporary legal custody to the department. of
human
services.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
