Bill Text: MI HB4356 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Family law; child custody; factors determining best interest of the child for permanency decisions by agency and court; provide for. Amends 1939 PA 288 (MCL 710.21 - 712A.32) by adding sec. 19d to ch. XIIA.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-05 - Printed Bill Filed 03/01/2013 [HB4356 Detail]
Download: Michigan-2013-HB4356-Introduced.html
HOUSE BILL No. 4356
February 28, 2013, Introduced by Rep. Hobbs and referred to the Committee on Judiciary.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
(MCL 710.21 to 712A.32) by adding section 19d to chapter XIIA.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XIIA
Sec. 19d. (1) This section applies to agency and court
decisions regarding the best interests of the child in proceedings
under sections 19a, 19b, and 19c of this chapter and section 5a of
the guardianship assistance act, 2008 PA 260, MCL 722.875a.
(2) A best interest of the child determination is a child-
centered evaluation of the benefits and detriments of the
permanency plan to the child. A permanency plan is in the child's
best interest if it meets the child's needs for safety, permanency,
and family connections, with safety being paramount. Whenever
possible and appropriate, the permanency plan shall maintain the
child's family relationships and ethnic, cultural, and religious
heritage.
(3) A best interest of the child determination shall not be
based on the comparative economic status of the parent, foster
parent, or legal custodian.
(4) In making a best interest of the child determination, the
agency and court shall consider the following factors for each
child, and may consider any other factors consistent with the
purposes set forth in subsection (2):
(a) The likelihood of adoption if parental rights are
terminated.
(b) The value to the child of maintaining a relationship with
a parent, sibling, other relative, including the capacity of these
individuals to play a constructive role in the child's life.
(c) The magnitude, frequency, and nature of the parent's
participation in causing current or past harm to the child or a
sibling.
(d) The number, duration, and cause of out-of-home placements
of the child or a sibling.
(e) The changed circumstances since a prior termination order
entered under section 19b(3)(l) or (m) of this chapter that may
reduce or eliminate a risk of harm to the child's life, physical
health, or emotional well-being.
(f) The parent's participation or willingness to engage in
court-ordered or voluntary services. If reasonable efforts are not
required, provided, or completed, the court may order reasonable
efforts for reunification to commence or continue if the additional
time would not be harmful to the child, considering the child's
age, preferences, particular needs, or stable placement.
(g) The child's views and current relative care as described
in section 19a(3) and (6)(a) of this chapter which are relevant to
the substance and timing of the court's permanency orders. In
making a termination order or other permanency decision for a
child, the agency or court shall give great weight to the
preference of a child age 14 or older, unless that preference is
outweighed by a substantial risk of harm to the child's life,
physical health, or mental well-being.
(h) The duration and quality of the parent's care, contacts,
and relationship with the child before and during the family court
case, including participation in offered parenting time.
(5) As used in this section:
(a) "Agency" means that term as defined in section 13a of this
chapter.
(b) "Legal custodian" means that term as defined in section 2
of the guardianship assistance act, 2008 PA 260, MCL 722.872.
