Bill Text: MI HB6179 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Crimes; prostitution; references to prostitute and prostitution; modify in the probate code of 1939. Amends secs. 2, 13a & 18k of 1939 PA 288 (MCL 712A.2 et seq.). TIE BAR WITH: HB 6169'18

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-08-15 - Bill Electronically Reproduced 06/12/2018 [HB6179 Detail]

Download: Michigan-2017-HB6179-Introduced.html

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HOUSE BILL No. 6179

 

 

June 12, 2018, Introduced by Reps. Faris, Sabo, Cochran, Chang, Lasinski, Brinks, Geiss, Greig, Love, Green, Pagan, Yancey, Gay-Dagnogo, Wittenberg, Rabhi and Jones and referred to the Committee on Law and Justice.

 

     A bill to amend 1939 PA 288, entitled

 

"Probate code of 1939,"

 

by amending sections 2, 13a, and 18k (MCL 712A.2, 712A.13a, and

 

712A.18k), section 2 as amended by 2018 PA 58, section 13a as

 

amended by 2016 PA 191, and section 18k as amended by 2014 PA 458.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. The court has the following authority and

 

jurisdiction:

 

     (a) Exclusive original jurisdiction superior to and regardless

 

of the jurisdiction of another court in proceedings concerning a

 

juvenile under 17 years of age who is found within the county if 1

 

or more of the following apply:

 

     (1) Except as otherwise provided in this sub-subdivision, the

 

juvenile has violated any municipal ordinance or law of the state

 

or of the United States. If the court enters into an agreement

under section 2e of this chapter, the court has jurisdiction over a

 

juvenile who committed a civil infraction as provided in that

 

section. The court has jurisdiction over a juvenile 14 years of age

 

or older who is charged with a specified juvenile violation only if

 

the prosecuting attorney files a petition in the court instead of

 

authorizing a complaint and warrant. As used in this sub-

 

subdivision, "specified juvenile violation" means 1 or more of the

 

following:

 

     (A) A violation of section 72, 83, 86, 89, 91, 316, 317, 349,

 

520b, 529, 529a, or 531 of the Michigan penal code, 1931 PA 328,

 

MCL 750.72, 750.83, 750.86, 750.89, 750.91, 750.316, 750.317,

 

750.349, 750.520b, 750.529, 750.529a, and 750.531.

 

     (B) A violation of section 84 or 110a(2) of the Michigan penal

 

code, 1931 PA 328, MCL 750.84 and 750.110a, if the juvenile is

 

armed with a dangerous weapon. As used in this paragraph,

 

"dangerous weapon" means 1 or more of the following:

 

     (i) A loaded or unloaded firearm, whether operable or

 

inoperable.

 

     (ii) A knife, stabbing instrument, brass knuckles, blackjack,

 

club, or other object specifically designed or customarily carried

 

or possessed for use as a weapon.

 

     (iii) An object that is likely to cause death or bodily injury

 

when used as a weapon and that is used as a weapon or carried or

 

possessed for use as a weapon.

 

     (iv) An object or device that is used or fashioned in a manner

 

to lead a person to believe the object or device is an object or

 

device described in subparagraphs (i) to (iii).

     (C) A violation of section 186a of the Michigan penal code,

 

1931 PA 328, MCL 750.186a, regarding escape or attempted escape

 

from a juvenile facility, but only if the juvenile facility from

 

which the individual escaped or attempted to escape was 1 of the

 

following:

 

     (i) A high-security or medium-security facility operated by

 

the department or a county juvenile agency.

 

     (ii) A high-security facility operated by a private agency

 

under contract with the department or a county juvenile agency.

 

     (D) A violation of section 7401(2)(a)(i) or 7403(2)(a)(i) of

 

the public health code, 1978 PA 368, MCL 333.7401 and 333.7403.

 

     (E) An attempt to commit a violation described in paragraphs

 

(A) to (D).

 

     (F) Conspiracy to commit a violation described in paragraphs

 

(A) to (D).

 

     (G) Solicitation to commit a violation described in paragraphs

 

(A) to (D).

 

     (H) A lesser included offense of a violation described in

 

paragraphs (A) to (G) if the individual is charged with a violation

 

described in paragraphs (A) to (G).

 

     (I) Another violation arising out of the same transaction as a

 

violation described in paragraphs (A) to (G) if the individual is

 

charged with a violation described in paragraphs (A) to (G).

 

     (2) The juvenile has deserted his or her home without

 

sufficient cause, and the court finds on the record that the

 

juvenile has been placed or refused alternative placement or the

 

juvenile and the juvenile's parent, guardian, or custodian have

exhausted or refused family counseling.

 

     (3) The juvenile is repeatedly disobedient to the reasonable

 

and lawful commands of his or her parents, guardian, or custodian,

 

and the court finds on the record by clear and convincing evidence

 

that court-accessed services are necessary.

 

     (4) The juvenile willfully and repeatedly absents himself or

 

herself from school or other learning program intended to meet the

 

juvenile's educational needs, or repeatedly violates rules and

 

regulations of the school or other learning program, and the court

 

finds on the record that the juvenile, the juvenile's parent,

 

guardian, or custodian, and school officials or learning program

 

personnel have met on the juvenile's educational problems and

 

educational counseling and alternative agency help have been

 

sought. As used in this sub-subdivision only, "learning program"

 

means an organized educational program that is appropriate, given

 

the age, intelligence, ability, and psychological limitations of a

 

juvenile, in the subject areas of reading, spelling, mathematics,

 

science, history, civics, writing, and English grammar.

 

     (b) Jurisdiction in proceedings concerning a juvenile under 18

 

years of age found within the county:

 

     (1) Whose parent or other person legally responsible for the

 

care and maintenance of the juvenile, when able to do so, neglects

 

or refuses to provide proper or necessary support, education,

 

medical, surgical, or other care necessary for his or her health or

 

morals, who is subject to a substantial risk of harm to his or her

 

mental well-being, who is abandoned by his or her parents,

 

guardian, or other custodian, or who is without proper custody or

guardianship. As used in this sub-subdivision:

 

     (A) "Education" means learning based on an organized

 

educational program that is appropriate, given the age,

 

intelligence, ability, and psychological limitations of a juvenile,

 

in the subject areas of reading, spelling, mathematics, science,

 

history, civics, writing, and English grammar.

 

     (B) "Neglect" means that term as defined in section 2 of the

 

child abuse and neglect prevention act, 1982 PA 250, MCL 722.602.

 

     (C) "Without proper custody or guardianship" does not mean a

 

parent has placed the juvenile with another person who is legally

 

responsible for the care and maintenance of the juvenile and who is

 

able to and does provide the juvenile with proper care and

 

maintenance.

 

     (2) Whose home or environment, by reason of neglect, cruelty,

 

drunkenness, criminality, or depravity on the part of a parent,

 

guardian, nonparent adult, or other custodian, is an unfit place

 

for the juvenile to live in. As used in this sub-subdivision,

 

"neglect" means that term as defined in section 2 of the child

 

abuse and neglect prevention act, 1982 PA 250, MCL 722.602.

 

     (3) If the juvenile is dependent and is in danger of

 

substantial physical or psychological harm. The juvenile may be

 

found to be dependent when any of the following occurs:

 

     (A) The juvenile is homeless or not domiciled with a parent or

 

other legally responsible person.

 

     (B) The juvenile has repeatedly run away from home and is

 

beyond the control of a parent or other legally responsible person.

 

     (C) The juvenile is alleged to have committed a commercial

sexual activity as that term is defined in section 462a of the

 

Michigan penal code, 1931 PA 328, MCL 750.462a or a delinquent act

 

that is the result of force, fraud, coercion, or manipulation

 

exercised by a parent or other adult.

 

     (D) The juvenile's custodial parent or legally responsible

 

person has died or has become permanently incapacitated and no

 

appropriate parent or legally responsible person is willing and

 

able to provide care for the juvenile.

 

     (4) Whose parent has substantially failed, without good cause,

 

to comply with a limited guardianship placement plan described in

 

section 5205 of the estates and protected individuals code, 1998 PA

 

386, MCL 700.5205, regarding the juvenile.

 

     (5) Whose parent has substantially failed, without good cause,

 

to comply with a court-structured plan described in section 5207 or

 

5209 of the estates and protected individuals code, 1998 PA 386,

 

MCL 700.5207 and 700.5209, regarding the juvenile.

 

     (6) If the juvenile has a guardian under the estates and

 

protected individuals code, 1998 PA 386, MCL 700.1101 to 700.8206,

 

and the juvenile's parent meets both of the following criteria:

 

     (A) The parent, having the ability to support or assist in

 

supporting the juvenile, has failed or neglected, without good

 

cause, to provide regular and substantial support for the juvenile

 

for 2 years or more before the filing of the petition or, if a

 

support order has been entered, has failed to substantially comply

 

with the order for 2 years or more before the filing of the

 

petition. As used in this sub-subdivision, "neglect" means that

 

term as defined in section 2 of the child abuse and neglect

prevention act, 1982 PA 250, MCL 722.602.

 

     (B) The parent, having the ability to visit, contact, or

 

communicate with the juvenile, has regularly and substantially

 

failed or neglected, without good cause, to do so for 2 years or

 

more before the filing of the petition. As used in this sub-

 

subdivision, "neglect" means that term as defined in section 2 of

 

the child abuse and neglect prevention act, 1982 PA 250, MCL

 

722.602.

 

     If a petition is filed in the court alleging that a juvenile

 

is within the provisions of subdivision (b)(1), (2), (3), (4), (5),

 

or (6) and the custody of that juvenile is subject to the prior or

 

continuing order of another court of record of this state, the

 

manner of notice to the other court of record and the authority of

 

the court to proceed is governed by rule of the supreme court.

 

     (c) Jurisdiction over juveniles under 18 years of age,

 

jurisdiction of whom has been waived to the family division of

 

circuit court by a circuit court under a provision in a temporary

 

order for custody of juveniles based upon a complaint for divorce

 

or upon a motion related to a complaint for divorce by the

 

prosecuting attorney, in a divorce judgment dissolving a marriage

 

between the juvenile's parents, or by an amended judgment relative

 

to the juvenile's custody in a divorce.

 

     (d) If the court finds on the record that voluntary services

 

have been exhausted or refused, concurrent jurisdiction in

 

proceedings concerning a juvenile between the ages of 17 and 18

 

found within the county who is 1 or more of the following:

 

     (1) Repeatedly addicted to the use of drugs or the intemperate

use of alcoholic liquors.

 

     (2) Repeatedly associating with criminal, dissolute, or

 

disorderly persons.

 

     (3) Found of his or her own free will and knowledge in a house

 

of prostitution, in which commercial sex acts are committed, or a

 

house of assignation, or ill-fame.ill fame.

 

     (4) Repeatedly associating with thieves, prostitutes, persons

 

engaged in commercial sex acts, pimps, or procurers.

 

     (5) Willfully disobedient to the reasonable and lawful

 

commands of his or her parents, guardian, or other custodian and in

 

danger of becoming morally depraved.

 

     If a juvenile is brought before the court in a county other

 

than that in which the juvenile resides, before a hearing and with

 

the consent of the judge of the court in the county of residence,

 

the court may enter an order transferring jurisdiction of the

 

matter to the court of the county of residence. Consent to transfer

 

jurisdiction is not required if the county of residence is a county

 

juvenile agency and satisfactory proof of residence is furnished to

 

the court of the county of residence. The order does not constitute

 

a legal settlement in this state that is required for the purpose

 

of section 55 of the social welfare act, 1939 PA 280, MCL 400.55.

 

The order and a certified copy of the proceedings in the

 

transferring court shall must be delivered to the court of the

 

county of residence. A case designated as a case in which the

 

juvenile shall be tried in the same manner as an adult under

 

section 2d of this chapter may be transferred for venue or for

 

juvenile disposition, but shall must not be transferred on grounds

of residency. If the case is not transferred, the court having

 

jurisdiction of the offense shall try the case.

 

     (e) Authority to establish or assist in developing a program

 

or programs within the county to prevent delinquency and provide

 

services to act upon reports submitted to the court related to the

 

behavior of a juvenile who does not require formal court

 

jurisdiction but otherwise falls within subdivision (a). These

 

services shall must be used only if the juvenile and his or her

 

parents, guardian, or custodian voluntarily accepts them.

 

     (f) If the court operates a detention home for juveniles

 

within the court's jurisdiction under subdivision (a)(1), authority

 

to place a juvenile within that home pending trial if the juvenile

 

is within the circuit court's jurisdiction under section 606 of the

 

revised judicature act of 1961, 1961 PA 236, MCL 600.606, and if

 

the circuit court orders the family division of circuit court in

 

the same county to place the juvenile in that home. The family

 

division of circuit court shall comply with that order.

 

     (g) Authority to place a juvenile in a county jail under

 

section 27a of chapter IV of the code of criminal procedure, 1927

 

PA 175, MCL 764.27a, if the court designates the case under section

 

2d of this chapter as a case in which the juvenile is to be tried

 

in the same manner as an adult and the court determines there is

 

probable cause to believe that the offense was committed and

 

probable cause to believe the juvenile committed that offense.

 

     (h) Jurisdiction over a proceeding under section 2950 or 2950a

 

of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950

 

and 600.2950a, in which a minor less than 18 years of age is the

respondent, or a proceeding to enforce a valid foreign protection

 

order issued against a respondent who is a minor less than 18 years

 

of age. A personal protection order shall must not be issued

 

against a respondent who is a minor less than 10 years of age.

 

Venue for an initial action under section 2950 or 2950a of the

 

revised judicature act of 1961, 1961 PA 236, MCL 600.2950 and

 

600.2950a, is proper in the county of residence of either the

 

petitioner or respondent. If the respondent does not live in this

 

state, venue for the initial action is proper in the petitioner's

 

county of residence.

 

     (i) In a proceeding under this chapter concerning a juvenile's

 

care and supervision, the court may issue orders affecting a party

 

as necessary. This subdivision does not apply after May 1, 2018. As

 

used in this subdivision, "party" means 1 of the following:

 

     (i) In a delinquency proceeding, the petitioner and juvenile.

 

     (ii) In a child protective proceeding, the petitioner,

 

department, child, respondent, parent, guardian, or legal

 

custodian, and any licensed child caring institution or child

 

placing agency under contract with the department to provide for a

 

juvenile's care and supervision.

 

     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 may 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 is 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. 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 must 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 must 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 a commercial sex act 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.

 

     Sec. 18k. (1) An individual shall provide samples for chemical

 

testing for DNA identification profiling or a determination of the

 

sample's genetic markers and shall provide samples for chemical

 

testing for a determination of his or her secretor status if any of

 

the following apply:

 

     (a) The individual is arrested for committing or attempting to

 

commit an offense that would be a felony if committed by an adult.

 

     (b) The individual is convicted of, or found responsible for,

 

a felony or attempted felony, or any of the following misdemeanors,

 

or local ordinances that are substantially corresponding to the

 

following misdemeanors:

 

     (i) A violation of section 167(1)(c), (f), or (i) of the

 

Michigan penal code, 1931 PA 328, MCL 750.167, disorderly person by

 

window peeping, engaging in indecent or obscene conduct in public,

 

or loitering in a house of ill fame or prostitution.a house in

 

which commercial sex acts are committed.

     (ii) A violation of section 335a(1) of the Michigan penal

 

code, 1931 PA 328, MCL 750.335a, indecent exposure.

 

     (iii) A violation punishable under section 451(1) or (2) of

 

the Michigan penal code, 1931 PA 328, MCL 750.451, first and second

 

prostitution commercial sex violations.

 

     (2) Notwithstanding subsection (1), if at the time the

 

individual is arrested for the offense the investigating law

 

enforcement agency or the department of state police already has a

 

sample from the individual that meets the requirements of the DNA

 

identification profiling system act, 1990 PA 250, MCL 28.171 to

 

28.176, the individual is not required to provide another sample or

 

pay the assessment required under subsection (4).

 

     (3) The samples required to be collected under this section

 

shall must be collected by the investigating law enforcement agency

 

and transmitted by the investigating law enforcement agency to the

 

department of state police in the manner prescribed under the DNA

 

identification profiling system act, 1990 PA 250, MCL 28.171 to

 

28.176, when a petition is filed or the court issues a summons.

 

     (4) The court shall order each individual found responsible

 

for or convicted of 1 or more crimes listed in subsection (1) to

 

pay an assessment of $60.00. The assessment required under this

 

subsection is in addition to any fine, costs, or other assessments

 

imposed by the court.

 

     (5) An assessment required under subsection (4) shall must be

 

ordered upon the record, and shall must be listed separately in the

 

adjudication order, judgment of sentence, or order of probation.

 

     (6) After reviewing a verified petition by an individual

against whom an assessment is imposed under subsection (4), the

 

court may suspend payment of all or part of the assessment if it

 

determines the individual is unable to pay the assessment.

 

     (7) The court that imposes the assessment prescribed under

 

subsection (4) may retain 10% of all assessments or portions of

 

assessments collected for costs incurred under this section and

 

shall transmit that money to its funding unit. On the last day of

 

each month, the clerk of the court shall transmit the assessments

 

or portions of assessments collected under this section as follows:

 

     (a) Twenty-five percent to the county sheriff or other

 

investigating law enforcement agency that collected the DNA sample

 

as designated by the court to defray the costs of collecting DNA

 

samples.

 

     (b) Sixty-five percent to the state treasurer for deposit in

 

the justice system fund created in section 181 of the revised

 

judicature act of 1961, 1961 PA 236, MCL 600.181.

 

     (8) The department of health and human services or a county

 

juvenile agency, investigating law enforcement agency, prosecuting

 

agency, or court that has in its possession a DNA identification

 

profile obtained from a sample of an individual arrested for an

 

offense described in subsection (1) shall forward the DNA

 

identification profile to the department of state police when a

 

petition is filed or the court issues a summons unless the

 

department of state police already has a DNA identification profile

 

of the individual.

 

     (9) As used in this section:

 

     (a) "DNA identification profile" and "DNA identification

profiling" mean those terms as defined in section 2 of the DNA

 

identification profiling system act, 1990 PA 250, MCL 28.172.

 

     (b) "Felony" means a violation of a penal law of this state

 

for which the offender may be punished by imprisonment for more

 

than 1 year or an offense expressly designated by law to be a

 

felony.

 

     (c) "Investigating law enforcement agency" means the law

 

enforcement agency responsible for the investigation of the offense

 

for which the individual is arrested, convicted, or found

 

responsible. Investigating law enforcement agency does not include

 

a probation officer employed by the department of corrections.

 

     (d) "Sample" means a portion of an individual's blood, saliva,

 

or tissue collected from the individual.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 6169 (request no.

 

02879'17) of the 99th Legislature is enacted into law.