Bill Text: MI SB1587 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Children; parental rights; procedures for reinstatement of parental rights; clarify. Amends secs. 19c & 20, ch. XIIA of 1939 PA 288 (MCL 712A.19c & 712A.20) & adds sec. 21a to ch. XIIA.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-11-30 - Referred To Committee On Families And Human Services [SB1587 Detail]
Download: Michigan-2009-SB1587-Introduced.html
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.
