Bill Text: MI HB4109 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Children; other; definition of sibling in the juvenile code; include stepsibling. Amends sec. 13a, ch. XIIA of 1939 PA 288 (MCL 712A.13a).
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2019-02-05 - Bill Electronically Reproduced 01/29/2019 [HB4109 Detail]
Download: Michigan-2019-HB4109-Introduced.html
HOUSE BILL No. 4109
January 29, 2019, Introduced by Reps. Guerra and Ellison and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending section 13a of chapter XIIA (MCL 712A.13a), as amended
by 2016 PA 191.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XIIA
Sec. 13a. (1) As used in this section and sections 2, 6b, 13b,
17c, 17d, 18f, 19, 19a, 19b, and 19c of this chapter:
(a) "Agency" means a public or private organization,
institution, or facility that is performing the functions under
part D of title IV of the social security act, 42 USC 651 to 669b,
or that is responsible under court order or contractual arrangement
for a juvenile's care and supervision.
(b) "Agency case file" means the current file from the agency
providing direct services to the child, that can include the child
protective services file if the child has not been removed from the
home or the department or contract agency foster care file as
provided under 1973 PA 116, MCL 722.111 to 722.128.
(c) "Attorney" means, if appointed to represent a child in a
proceeding under section 2(b) or (c) of this chapter, an attorney
serving as the child's legal advocate in a traditional attorney-
client relationship with the child, as governed by the Michigan
rules of professional conduct. An attorney defined under this
subdivision owes the same duties of undivided loyalty,
confidentiality, and zealous representation of the child's
expressed wishes as the attorney would to an adult client. For the
purpose of a notice required under these sections, attorney
includes a child's lawyer-guardian ad litem.
(d) "Case service plan" means the plan developed by an agency
and prepared under section 18f of this chapter that includes
services to be provided by and responsibilities and obligations of
the agency and activities, responsibilities, and obligations of the
parent. The case service plan may be referred to using different
names than case service plan including, but not limited to, a
parent/agency agreement or a parent/agency treatment plan and
service agreement.
(e) "Foster care" means care provided to a juvenile in a
foster family home, foster family group home, or child caring
institution licensed or approved under 1973 PA 116, MCL 722.111 to
722.128, or care provided to a juvenile in a relative's home under
a court order.
(f) "Guardian ad litem" means an individual whom the court
appoints to assist the court in determining the child's best
interests. A guardian ad litem does not need to be an attorney.
(g) "Lawyer-guardian ad litem" means an attorney appointed
under section 17c of this chapter. A lawyer-guardian ad litem
represents the child, and has the powers and duties, as set forth
in section 17d of this chapter. The provisions of section 17d of
this chapter also apply to a lawyer-guardian ad litem appointed
under each of the following:
(i) Section 5213 or 5219 of the estates and protected
individuals code, 1998 PA 386, MCL 700.5213 and 700.5219.
(ii) Section 4 of the child custody act of 1970, 1970 PA 91,
MCL 722.24.
(iii) Section 10 of the child protection law, 1975 PA 238, MCL
722.630.
(h) "Nonparent adult" means a person who is 18 years of age or
older and who, regardless of the person's domicile, meets all of
the following criteria in relation to a child over whom the court
takes jurisdiction under this chapter:
(i) Has substantial and regular contact with the child.
(ii) Has a close personal relationship with the child's parent
or with a person responsible for the child's health or welfare.
(iii) Is not the child's parent or a person otherwise related
to the child by blood or affinity to the third degree.
(i) "Permanent foster family agreement" means an agreement for
a child 14 years old or older to remain with a particular foster
family until the child is 18 years old under standards and
requirements established by the department, which agreement is
among all of the following:
(i) The child.
(ii) If the child is a temporary ward, the child's family.
(iii) The foster family.
(iv) The child placing agency responsible for the child's care
in foster care.
(j) "Relative" means an individual who is at least 18 years of
age and related to the child by blood, marriage, or adoption, as
grandparent, great-grandparent, great-great-grandparent, aunt or
uncle, great-aunt or great-uncle, great-great-aunt or great-great-
uncle, sibling, stepsibling, nephew or niece, first cousin or first
cousin once removed, and the spouse of any of the above, even after
the marriage has ended by death or divorce. A stepparent, ex-
stepparent, or the parent who shares custody of a half-sibling
shall be considered a relative for the purpose of placement.
Notification to the stepparent, ex-stepparent, or the parent who
shares custody of a half-sibling is required as described in
section 4a of the foster care and adoption services act, 1994 PA
203, MCL 722.954a. A child may be placed with the parent of a man
whom the court has found probable cause to believe is the putative
father if there is no man with legally established rights to the
child. A placement with the parent of a putative father under this
subdivision is not a finding of paternity and does not confer legal
standing on the putative father.
(k) "Sex offenders registration act" means the sex offenders
registration act, 1994 PA 295, MCL 28.721 to 28.736.
(l) "Sibling" means a child who is related through birth or
adoption by at least 1 common parent or a stepsibling. Sibling
includes that term as defined by the American Indian or Alaskan
native child's tribal code or custom.
(2) If a juvenile is alleged to be within the provisions of
section 2(b) of this chapter, the court may authorize a petition to
be filed at the conclusion of the preliminary hearing or inquiry.
The court may authorize the petition upon a showing of probable
cause that 1 or more of the allegations in the petition are true
and fall within the provisions of section 2(b) of this chapter. If
a petition is before the court because the department is required
to submit the petition under section 17 of the child protection
law, 1975 PA 238, MCL 722.637, the court shall hold a hearing on
the petition within 24 hours or on the next business day after the
petition is submitted, at which hearing the court shall consider at
least the matters governed by subsections (4) and (5).
(3) Except as provided in subsections (5) and (6), if a
petition under subsection (2) is authorized, the court may release
the juvenile in the custody of either of the juvenile's parents or
the juvenile's guardian or custodian under reasonable terms and
conditions necessary for either the juvenile's physical health or
mental well-being.
(4) The court may order a parent, guardian, custodian,
nonparent adult, or other person residing in a child's home to
leave the home and, except as the court orders, not to subsequently
return to the home if all of the following take place:
(a) A petition alleging abuse of the child by the parent,
guardian, custodian, nonparent adult, or other person is authorized
under subsection (2).
(b) The court after a hearing finds probable cause to believe
the parent, guardian, custodian, nonparent adult, or other person
committed the abuse.
(c) The court finds on the record that the presence in the
home of the person alleged to have committed the abuse presents a
substantial risk of harm to the child's life, physical health, or
mental well-being.
(5) If a petition alleges abuse by a person described in
subsection (4), regardless of whether the court orders the alleged
abuser to leave the child's home under subsection (4), the court
shall not leave the child in or return the child to the child's
home or place the child with a person not licensed under 1973 PA
116, MCL 722.111 to 722.128, unless the court finds that the
conditions of custody at the placement and with the individual with
whom the child is placed are adequate to safeguard the child from
the risk of harm to the child's life, physical health, or mental
well-being.
(6) If a court finds a parent is required by court order to
register under the sex offenders registration act, the department
may, but is not required to, make reasonable efforts to reunify the
child with the parent. The court may order reasonable efforts to be
made by the department.
(7) In determining whether to enter an order under subsection
(4), the court may consider whether the parent who is to remain in
the juvenile's home is married to the person to be removed or has a
legal right to retain possession of the home.
(8) An order entered under subsection (4) may also contain 1
or more of the following terms or conditions:
(a) The court may require the alleged abusive parent to pay
appropriate support to maintain a suitable home environment for the
juvenile during the duration of the order.
(b) The court may order the alleged abusive person, according
to terms the court may set, to surrender to a local law enforcement
agency any firearms or other potentially dangerous weapons the
alleged abusive person owns, possesses, or uses.
(c) The court may include any reasonable term or condition
necessary for the juvenile's physical or mental well-being or
necessary to protect the juvenile.
(9) The court may order placement of the child in foster care
if the court finds all of the following conditions:
(a) Custody of the child with the parent presents a
substantial risk of harm to the child's life, physical health, or
mental well-being.
(b) No provision of service or other arrangement except
removal of the child is reasonably available to adequately
safeguard the child from risk as described in subdivision (a).
(c) Continuing the child's residence in the home is contrary
to the child's welfare.
(d) Consistent with the circumstances, reasonable efforts were
made to prevent or eliminate the need for removal of the child.
(e) Conditions of child custody away from the parent are
adequate to safeguard the child's health and welfare.
(10) If the court orders placement of the juvenile outside the
juvenile's home, the court shall inform the parties of the
following:
(a) That the agency has the responsibility to prepare an
initial services plan within 30 days of the juvenile's placement.
(b) The general elements of an initial services plan as
required by the rules promulgated under 1973 PA 116, MCL 722.111 to
722.128.
(c) That participation in the initial services plan is
voluntary without a court order.
(11) Before or within 7 days after a child is placed in a
relative's home, the department shall perform a criminal record
check and central registry clearance. If the child is placed in the
home of a relative, the court shall order a home study to be
performed and a copy of the home study to be submitted to the court
not more than 30 days after the placement.
(12) In determining placement of a juvenile pending trial, the
court shall order the juvenile placed in the most family-like
setting available consistent with the juvenile's needs.
(13) If a juvenile is removed from the parent's custody at any
time, the court shall permit the juvenile's parent to have regular
and frequent parenting time with the juvenile. Parenting time
between the juvenile and his or her parent shall not be less than 1
time every 7 days unless the court determines either that exigent
circumstances require less frequent parenting time or that
parenting time, even if supervised, may be harmful to the
juvenile's life, physical health, or mental well-being. If the
court determines that parenting time, even if supervised, may be
harmful to the juvenile's life, physical health, or mental well-
being, the court may suspend parenting time until the risk of harm
no longer exists. The court may order the juvenile to have a
psychological evaluation or counseling, or both, to determine the
appropriateness and the conditions of parenting time.
(14) Reasonable efforts shall be made to do the following:
(a) Place siblings removed from their home in the same foster
care, kinship guardianship, or adoptive placement, unless the
supervising agency documents that a joint placement would be
contrary to the safety or well-being of any of the siblings.
(b) In the case of siblings removed from their home who are
not jointly placed, provide for visitation, at least monthly, or
other ongoing interaction between the siblings, unless the
supervising agency documents that visitation, at least monthly, or
other ongoing interaction would be contrary to the safety or well-
being of any of the siblings.
(15) If the supervising agency documents that visitation or
other contact is contrary to the safety or well-being of any of the
siblings and temporarily suspends visitation or contact, the
supervising agency shall report its determination to the court for
consideration at the next review hearing.
(16) If the supervising agency temporarily suspends visitation
or contact, the court shall review the decision and determine
whether sibling visitation or contact will be beneficial to the
siblings. If so, the court shall order sibling visitation or
contact to the extent reasonable.
(17) Upon the motion of any party, the court shall review
custody and placement orders and initial services plans pending
trial and may modify those orders and plans as the court considers
under this section are in the juvenile's best interests.
(18) The court shall include in an order placing a child in
foster care an order directing the release of information
concerning the child in accordance with this subsection. If a child
is placed in foster care, within 10 days after receipt of a written
request, the agency shall provide the person who is providing the
foster care with copies of all initial, updated, and revised case
service plans and court orders relating to the child and all of the
child's medical, mental health, and education reports, including
reports compiled before the child was placed with that person.
(19) In an order placing a child in foster care, the court
shall include both of the following:
(a) An order that the child's parent, guardian, or custodian
provide the supervising agency with the name and address of each of
the child's medical providers.
(b) An order that each of the child's medical providers
release the child's medical records. The order may specify
providers by profession or type of institution.
(20) As used in this section, "abuse" means 1 or more of the
following:
(a) Harm or threatened harm by a person to a juvenile's health
or welfare that occurs through nonaccidental physical or mental
injury.
(b) Engaging in sexual contact or sexual penetration as
defined in section 520a of the Michigan penal code, 1931 PA 328,
MCL 750.520a, with a juvenile.
(c) Sexual exploitation of a juvenile, which includes, but is
not limited to, allowing, permitting, or encouraging a juvenile to
engage in prostitution or allowing, permitting, encouraging, or
engaging in photographing, filming, or depicting a juvenile engaged
in a listed sexual act as defined in section 145c of the Michigan
penal code, 1931 PA 328, MCL 750.145c.
(d) Maltreatment of a juvenile.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
