Bill Text: MI SB0437 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Human services; children's services; definition of child; modify age criteria to remain a ward of the Michigan children's institute. Amends sec. 3 of 1935 PA 220 (MCL 400.203). TIE BAR WITH: SB 0435'11
Spectrum: Partisan Bill (Republican 6-0)
Status: (Passed) 2011-11-29 - Assigned Pa 0227'11 With Immediate Effect [SB0437 Detail]
Download: Michigan-2011-SB0437-Engrossed.html
SB-0437, As Passed House, November 9, 2011
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 437
A bill to amend 1935 PA 220, entitled
"An act to provide family home care for children committed to the
care of the state, to create the Michigan children's institute
under the control of the Michigan social welfare commission, to
prescribe the powers and duties thereof, and to provide penalties
for violations of certain provisions of this act,"
by amending section 3 (MCL 400.203), as amended by 2004 PA 470.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) A child under 17 years of age, provision for whose
support
and education has been made under regulations of the family
independence
agency department, may be admitted to the Michigan
children's
institute by commitment to the family independence
agency
department. All children committed to the Michigan
children's
institute shall be considered committed to the family
independence
agency department and shall be subject to review by
the juvenile division of the probate court under chapter XIIA of
the probate code of 1939, 1939 PA 288, MCL 712A.1 to 712A.32. The
superintendent of the institute shall represent the state as
guardian of each child committed beginning with the day the child
is admitted and continuing until the child is 19, unless the
superintendent
or the family independence agency department
discharges the child sooner as provided in section 8 or 9 or if the
child is at least 18 years of age but less than 21 years of age and
is participating in extended foster care services as described in
section 11 of the young adult voluntary foster care act. Wherever
commitment to the Michigan children's institute is mentioned in any
law of this state, it shall be construed to mean commitment to the
family
independence agency department. A child may be committed to
the
family independence agency department
by either of the
following:
(a) By the juvenile division of the probate court, if the
child is within the court's jurisdiction under section 2(b) of
chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2.
(b) By the probate court, if the child is a ward of the court
and the court has denied an order of adoption for the child.
(c) By observation order. If a child has been decreed to be a
ward of the probate court or the juvenile division of the probate
court has acquired formal jurisdiction of a child, and it appears
to the probate court that, because of the circumstances of the case
or because the child's condition might be benefited, the court may
make
a temporary commitment to the family independence agency
department and direct that the child be taken to a facility of the
Michigan children's institute for observation for a period not to
exceed 90 days. Before the expiration of this order of observation,
the superintendent of the institute shall report to the probate
court the results of the observation of the child. If the
superintendent reports to the probate court that the order of
observation should be extended or that the child is in need of
treatment for emotional disturbance that does not require hospital
care and for which the institute has facilities, then the court may
extend the temporary commitment and continue the observation order
or establish a treatment period for the child to any date prior to
the nineteenth birthday of the child. If the child has ceased to be
a ward of the court, written consent of the person or persons
lawfully having custody of the child shall be secured. Before the
expiration of this extended order of observation or treatment, the
superintendent shall report to the probate court the results of the
observation or treatment of the child and an opinion stating what
disposition can be made of the child. Before any child is sent to a
facility of the institute for observation, the superintendent of
the institute shall notify the probate court that there is room to
receive the child and shall designate the facility of the institute
for the reception of the child. The commission may by regulation
establish conditions for the reimbursement of the expense of caring
for the child while under the supervision of the institute if the
parents or other persons responsible for the child's support are
financially able to pay reasonable costs of the child's care.
(2) The superintendent of the institute has the power to make
decisions on behalf of a child committed to the institute. The
attorney general or his or her representative shall represent the
Michigan children's institute superintendent in any court
proceeding in which the superintendent considers such
representation necessary to carry out his or her duties under this
act.
(3) As used in this act, "department" means the department of
human services.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 435 of the 96th Legislature is enacted into
law.
