Bill Text: MI SB0135 | 2011-2012 | 96th Legislature | Engrossed

---

Bill Title: Children; parental rights; process for judicial waiver of parental consent requirement; clarify. Amends secs. 3 & 4 of 1990 PA 211 (MCL 722.903 & 722.904).

Spectrum: Partisan Bill (Republican 11-0)

Status: (Engrossed - Dead) 2012-10-17 - Placed On Immediate Passage [SB0135 Detail]

Download: Michigan-2011-SB0135-Engrossed.html

---

SB-0135, As Passed Senate, March 29, 2012

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 135

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1990 PA 211, entitled

 

"The parental rights restoration act,"

 

by amending sections 3 and 4 (MCL 722.903 and 722.904).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Section Sec. 3. (1) Except as otherwise provided in this act,

 

a person shall not perform an abortion on a minor without first

 

obtaining the written consent of the minor and 1 of the parents or

 

the legal guardian of the minor.

 

     (2) If a parent or the legal guardian is not available or

 

refuses to give his or her consent, or if the minor elects not to

 

seek consent of a parent or the legal guardian, the minor may

 

petition the probate family division of circuit court pursuant to

 

as provided in section 4 for a waiver of the parental consent

 

requirement of this section.

 

     Section Sec. 4. (1) The probate family division of circuit

 

court has jurisdiction of over proceedings related to a minor's

 

petition for a waiver of parental consent.

 

     (2) Proceedings held pursuant to under this act shall be

 

completed with confidentiality and sufficient expedition to provide

 

an effective opportunity for the minor to provide self-consent to

 

an abortion, in accordance with all of the following:

 

     (a) The probate family division of circuit court shall, upon

 

its first contact with a minor seeking a waiver of parental consent

 

under this act, provide the minor with notice that the minor may

 

not seek a waiver of parental consent in that court if the minor

 

has been denied a waiver concerning the same pregnancy by a family

 

division of circuit court judge, and of the minor's right to all of

 

the following:

 

     (i) Confidentiality of the proceedings, including the right to

 

use initials in the petition.

 

     (ii) Court appointment of an attorney or guardian ad litem.

 

     (iii) Assistance with preparing and filing the petition.

 

     (b) A minor may file a petition for waiver of parental consent

 

in the probate family division of circuit court of in the county in

 

which the minor resides. For purposes of this act, the county in

 

which the minor resides means the county in which the minor's

 

residence is located or the county in which the minor is found. A

 

minor shall not file a petition for waiver of parental consent in a

 

family division of circuit court if the minor has previously been

 

denied a waiver of parental consent by a family division of circuit

 

court judge concerning the same pregnancy.

 

     (c) Upon request of the minor, the probate family division of

 

circuit court shall provide the minor with assistance in preparing

 

and filing the petition for waiver of parental consent.

 

     (d) A minor may file a petition for waiver of parental consent

 

under this act on her own behalf or through a next friend. The

 

minor may use initials or some other means of assuring

 

confidentiality in the petition.

 

     (e) Upon request of the minor, the probate family division of

 

circuit court shall appoint an attorney or guardian ad litem within

 

24 hours to represent the minor in proceedings under this section.

 

     (f) A minor is not required to pay a fee for proceedings under

 

this section.

 

     (g) A hearing on a petition for waiver of parental consent

 

under this act shall be held within 72 hours, excluding Sundays and

 

holidays, after the petition is filed and shall be closed to the

 

public. All records of proceedings related to the petition for

 

waiver of parental consent under this act are confidential.

 

     (h) The probate family division of circuit court that hears

 

the petition for waiver of parental consent shall issue and make a

 

part of the confidential record its specific findings of fact and

 

conclusions of law in support of its ruling either on the record or

 

in a written opinion.

 

     (i) A written order granting or denying a petition for waiver

 

of parental consent filed pursuant to under this act shall be

 

issued within 48 hours, excluding Sundays and holidays, after the

 

hearing on the petition is held.

 

     (j) If a petition for waiver of parental consent is denied,

 

the family division of circuit court shall inform the minor of all

 

of the following:

 

     (i) Her right to appeal the family division of circuit court's

 

decision to the court of appeals.

 

     (ii) That she may not initiate proceedings concerning the same

 

pregnancy in a family division of circuit court.

 

     (iii) That if there is an unanticipated change in the

 

circumstances of her pregnancy or family situation, she may return

 

to the family division of circuit court judge who denied the waiver

 

to request a rehearing of her petition.

 

     (3) The probate family division of circuit court shall grant a

 

waiver of parental consent if it finds either of the following: (a)

 

The that the minor is sufficiently mature and well-enough informed

 

to make the decision regarding abortion independently of her

 

parents or legal guardian. (b) The waiver would be in the best

 

interests of the minor. In making a determination under this

 

subsection, the family division of circuit court shall consider

 

whether the common law standard that a minor is not capable of

 

providing informed consent for medical treatment should be

 

contravened. A waiver of parental consent shall be granted under

 

this subsection if the family division of circuit court finds that

 

the minor demonstrates a capacity similar to that of an individual

 

who has reached the age of majority to make a reasoned and

 

responsible decision in light of all of the following factors:

 

     (a) Whether the minor is before the court voluntarily or

 

whether the minor has been subjected to duress or coercion by a

 

third party.

 

     (b) The minor's age, ability to comprehend information, and

 

ability to express herself.

 

     (c) The degree of the minor's dependence on her parent or

 

legal guardian and the degree of parental supervision in the daily

 

affairs of the minor, including housing arrangements, financial

 

support, independent work experience, and means of transportation.

 

     (d) The minor's school attendance, academic performance,

 

future education, or career goals.

 

     (e) The circumstances of the minor's pregnancy, including

 

actions taken to maintain her personal health and prevent pregnancy

 

and any previous pregnancies she may have had.

 

     (f) Other life experiences that demonstrate a pattern of

 

responsible, mature behavior.

 

     (g) The minor's knowledge of her personal medical history;

 

awareness of the physical risks of abortion and of carrying her

 

pregnancy to term, including whether the minor has consulted with

 

medical or mental health professionals about alternatives to

 

abortion; and her assessment of the psychological and emotional

 

consequences of abortion, parenting, or placing a child for

 

adoption.

 

     (4) If the family division of circuit court does not find that

 

a minor is sufficiently mature and well-enough informed to make the

 

decision regarding abortion independently of her parents or legal

 

guardian as provided in subsection (3), the family division of

 

circuit court shall grant a waiver of parental consent if it finds

 

that the waiver would be in the best interest of the minor. In

 

making a determination under this subsection, the family division

 

of circuit court shall consider whether the common law standard

 

that a minor's best interest is served by involvement of the

 

minor's parents in medical decision making should be contravened. A

 

waiver of parental consent under this subsection shall be granted

 

if the family division of circuit court finds that both of the

 

minor's parents or the legal guardian has demonstrated through

 

neglect or abuse a lack of concern or competence in serving the

 

minor's best interests, after considering the evidence presented on

 

each of the following factors:

 

     (a) The nature of the minor's relationship with her parents or

 

legal guardian, including patterns of care, support, and

 

involvement or of neglect, hostility, or physical, sexual, or

 

emotional abuse.

 

     (b) The minor's reasons for seeking an abortion, including her

 

personal desires, the age and involvement of the biological father,

 

and the potential influence of other parties.

 

     (c) The minor's specific reasons for excluding a parent or

 

legal guardian from the abortion decision.

 

     (d) Whether the parents or legal guardian has previous

 

knowledge of the minor's sexual activity or involvement in

 

decisions regarding the minor's sexual activity.

 

     (e) The degree to which the parent or legal guardian is

 

involved in the minor's school and community activities.

 

     (5) (4) A minor who is denied a waiver under this section may

 

appeal the probate family division of circuit court's decision to

 

the court of appeals. Appeal proceedings shall be expedited and

 

confidential. The notice of appeal shall be filed within 24 hours

 

of the issuance of the order denying the petition. The appeal shall

 

be perfected within 72 hours, excluding Sundays and holidays, from

 

the filing of the notice of appeal. A minor who is denied a waiver

 

under this section shall not initiate proceedings seeking a waiver

 

of parental consent regarding the same pregnancy in a family

 

division of circuit court.

 

     (6) (5) The confidentiality requirements of this section do

 

not prevent the probate family division of circuit court from

 

reporting suspected child abuse under section 4 of the child

 

protection law, Act No. 238 of the Public Acts of 1975, being

 

section 722.624 of the Michigan Compiled Laws 1975 PA 238, MCL

 

722.624.

 

     (7) (6) If a minor who is seeking a waiver of parental consent

 

reveals to the probate family division of circuit court that she is

 

the victim of sexual abuse, and that her pregnancy is, or may be,

 

the result of sexual abuse, the probate family division of circuit

 

court shall immediately do all of the following:

 

     (a) Report the suspected sexual abuse to the department of

 

social human services or a law enforcement agency pursuant to as

 

provided by the child protection law, Act No. 238 of the Public

 

Acts of 1975, being sections 722.621 to 722.636 of the Michigan

 

Compiled Laws 1975 PA 238, MCL 722.621 to 722.638.

 

     (b) Inform the minor that there are laws designed to protect

 

her, including all of the following provisions of chapter XIIA of

 

the probate code of 1939, Act No. 288 of the Public Acts of 1939,

 

being sections 712A.1 to 712A.28 of the Michigan Compiled Laws 1939

 

PA 288, MCL 712A.1 to 712A.32:

 

     (i) That a law enforcement officer may without court order take

 

the minor into temporary protective custody if, after

 

investigation, the officer has reasonable grounds to conclude that

 

the minor's health, safety, or welfare would be endangered by

 

leaving her in the custody of her parent or legal guardian.

 

     (ii) That the juvenile family division of the probate circuit

 

court may, upon learning of the suspected sexual abuse, immediately

 

hold a preliminary inquiry to determine whether a petition for

 

court jurisdiction should be filed or whether other action should

 

be taken.

 

     (iii) That the juvenile family division of circuit court shall

 

appoint an attorney to represent the minor in protective

 

proceedings.

 

     (iv) That after a petition has been filed, the juvenile family

 

division of circuit court may order that the minor be placed with

 

someone other than her parent or legal guardian pending trial or

 

further court order if such placement is necessary to avoid

 

substantial risk to the minor's life, physical health, or mental

 

well-being.

 

     (8) If a family division of circuit court finds that a minor

 

has previously been denied a waiver of parental consent by a family

 

division of circuit court judge concerning the same pregnancy, the

 

family division of circuit court shall dismiss the pending petition

 

for a waiver of parental consent.

 

     (9) (7) As used in this section, "child abuse" and "sexual

 

abuse" mean those terms as defined in section 2 of the child

 

protection law, Act No. 238 of the Public Acts of 1975, being

 

section 722.622 of the Michigan Compiled Laws 1975 PA 238, MCL

 

722.622.