Bill Text: MI HB4169 | 2009-2010 | 95th Legislature | Engrossed

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Bill Title: Human services; children's services; requirement for parental disclosure of relatives when placing a child in a home other than that of a parent; implement. Amends sec. 13a, ch. XIIA of 1939 PA 288 (MCL 712A.13a).

Spectrum: Moderate Partisan Bill (Democrat 15-2)

Status: (Introduced - Dead) 2010-12-01 - Placed On Order Of Third Reading [HB4169 Detail]

Download: Michigan-2009-HB4169-Engrossed.html

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HB-4169, As Passed House, May 7, 2009

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4169

 

 

 

 

 

 

 

 

 

     A bill to amend 1939 PA 288, entitled

 

"Probate code of 1939,"

 

by amending section 13a of chapter XIIA (MCL 712A.13a), as amended

 

by 2004 PA 475.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                             CHAPTER XIIA

 

     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 655,

 

656 to 657, 658a to 660, and 663 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 include the child

 

protective services file if the child has not been removed from the

 

home or the family independence agency department or contract

 

agency foster care file as defined regulated 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 family independence agency

 

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 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 to be construed as a

 

finding of paternity or to confer legal standing on the putative

 

father.

 

     (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 family independence

 

agency 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 subsection (5), 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) 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.

 

     (7) 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.

 

     (8) 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.

 

     (9) Before or within 7 days after a child is placed in a

 

relative's home, the family independence agency 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.

 

     (10) 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.

 

     (11) If a juvenile is removed from his or her home, the court

 

shall permit the juvenile's parent to have frequent parenting time

 

with the juvenile. If parenting time, even if supervised, may be

 

harmful to the juvenile, the court shall order the child to have a

 

psychological evaluation or counseling, or both, to determine the

 

appropriateness and the conditions of parenting time. The court may

 

suspend parenting time while the psychological evaluation or

 

counseling is conducted.

 

     (12) 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.

 

     (13) 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.

 

     (14) In an order placing a child in foster care, the court

 

shall include both all 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.

 

     (c) An order that the child's parent, guardian, or custodian

 

disclose to the department the names, addresses, and any other

 

identifying information of the child's relatives, if known.

 

Providing this information does not guarantee that the child shall

 

be placed with a relative identified under this subdivision.

 

Information obtained under this subdivision shall be used to assist

 

in this process of determining placement for the child as required

 

under section 4a of the foster care and adoption services act, 1994

 

PA 203, MCL 722.954a.

 

     (15) 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 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.