Bill Text: MI HB5492 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Children: protection; probate code of 1939; amend to reflect amendments to the public health code. Amends sec. 1, ch. XII of 1939 PA 288 (MCL 712.1). TIE BAR WITH: HB 5477'24
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-02-22 - Bill Electronically Reproduced 02/22/2024 [HB5492 Detail]
Download: Michigan-2023-HB5492-Introduced.html
HOUSE BILL NO. 5492
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending section 1 of chapter XII (MCL 712.1), as amended by 2006 PA 488.
the people of the state of michigan enact:
CHAPTER XII
Sec. 1. (1) This chapter shall be known and may be cited as the "safe delivery of newborns law".
(2) As used in this chapter:
(a) "Child placing agency" means that term as defined in section 1 of 1973 PA 116, MCL 722.111.
(b) "Court" means the family division of circuit court.
(c) "Department" means the department of health and human services.
(d) "DNA identification profile" and "DNA identification profiling" mean those terms as defined in section 1 of the paternity act, 1956 PA 205, MCL 722.711.
(e) "Domestic violence" means that term as defined in section 1 of 1978 PA 389, MCL 400.1501.
(f) "Emergency service provider" means a uniformed or otherwise identified employee or contractor of a fire department, hospital, or police station when that individual is inside the premises and on duty. Emergency service provider also includes a paramedic or an emergency medical technician when either of those individuals is responding to a 9-1-1 emergency call.
(g) "Fire department" means an organized fire department as that term is defined in section 1 of the fire prevention code, 1941 PA 207, MCL 29.1.
(h) "Gross negligence" means conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results.
(i) "Hospital" means a hospital that is licensed under article 17 of the public health code, 1978 PA 368, MCL 333.20101 to 333.22260.333.22121.
(j) "Lawyer-guardian ad litem" means an attorney appointed under section 2 of this chapter. A lawyer-guardian ad litem represents the newborn, and has the powers and duties, as set forth in section 17d of chapter XIIA.
(k) "Newborn" means a child who a physician reasonably believes to be not more than 72 hours old.
(l) "Police station" means that term as defined in section 43 of the Michigan vehicle code, 1949 PA 300, MCL 257.43.
(m) "Preplacement assessment" means an assessment of a prospective adoptive parent as described in section 23f of chapter X.
(n) "Surrender" means to leave a newborn with an emergency service provider without expressing an intent to return for the newborn.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5477 (request no. 01038'23) of the 102nd Legislature is enacted into law.
