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.