Bill Text: MI HB5097 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Children; parental rights; provision relating to parent who voluntarily surrendered a child to an emergency service provider; eliminate. Amends sec. 19b, ch. XIIA of 1939 PA 288 (MCL 712A.19b).
Spectrum: Strong Partisan Bill (Republican 16-1)
Status: (Passed) 2012-12-27 - Assigned Pa 386'12 With Immediate Effect [HB5097 Detail]
Download: Michigan-2011-HB5097-Engrossed.html
HB-5097, As Passed House, November 27, 2012
SUBSTITUTE FOR
HOUSE BILL NO. 5097
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending section 19b of chapter XIIA (MCL 712A.19b), as amended
by 2012 PA 115.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XIIA
Sec. 19b. (1) Except as provided in subsection (4), if a child
remains in foster care in the temporary custody of the court
following a review hearing under section 19(3) of this chapter or a
permanency planning hearing under section 19a of this chapter or if
a child remains in the custody of a guardian or limited guardian,
upon petition of the prosecuting attorney, whether or not the
prosecuting attorney is representing or acting as legal consultant
to the agency or any other party, or petition of the child,
guardian, custodian, concerned person, agency, or children's
ombudsman as authorized in section 7 of the children's ombudsman
act, 1994 PA 204, MCL 722.927, the court shall hold a hearing to
determine if the parental rights to a child should be terminated
and, if all parental rights to the child are terminated, the child
placed in permanent custody of the court. The court shall state on
the record or in writing its findings of fact and conclusions of
law with respect to whether or not parental rights should be
terminated. The court shall issue an opinion or order regarding a
petition for termination of parental rights within 70 days after
the commencement of the initial hearing on the petition. The
court's failure to issue an opinion within 70 days does not dismiss
the petition.
(2) Not less than 14 days before a hearing to determine if the
parental rights to a child should be terminated, written notice of
the hearing shall be served upon all of the following:
(a) The agency. The agency shall advise the child of the
hearing if the child is 11 years of age or older.
(b) The child's foster parent or custodian.
(c) The child's parents.
(d) If the child has a guardian, the child's guardian.
(e) If the child has a guardian ad litem, the child's guardian
ad litem.
(f) If tribal affiliation has been determined, the Indian
tribe's elected leader.
(g) The child's attorney and each party's attorney.
(h) If the child is 11 years of age or older, the child.
(i) The prosecutor.
(3) The court may terminate a parent's parental rights to a
child if the court finds, by clear and convincing evidence, 1 or
more of the following:
(a)
The child has been deserted under any either of the
following circumstances:
(i) The child's parent is unidentifiable, has deserted the
child for 28 or more days, and has not sought custody of the child
during that period. For the purposes of this section, a parent is
unidentifiable if the parent's identity cannot be ascertained after
reasonable efforts have been made to locate and identify the
parent.
(ii) The child's parent has deserted the child for 91 or more
days and has not sought custody of the child during that period.
(iii) The child's parent voluntarily surrendered the
child to an
emergency
service provider under chapter XII and did not petition
the
court to regain custody within 28 days after surrendering the
child.
(b) The child or a sibling of the child has suffered physical
injury or physical or sexual abuse under 1 or more of the following
circumstances:
(i) The parent's act caused the physical injury or physical or
sexual abuse and the court finds that there is a reasonable
likelihood that the child will suffer from injury or abuse in the
foreseeable future if placed in the parent's home.
(ii) The parent who had the opportunity to prevent the physical
injury or physical or sexual abuse failed to do so and the court
finds that there is a reasonable likelihood that the child will
suffer injury or abuse in the foreseeable future if placed in the
parent's home.
(iii) A nonparent adult's act caused the physical injury or
physical or sexual abuse and the court finds that there is a
reasonable likelihood that the child will suffer from injury or
abuse by the nonparent adult in the foreseeable future if placed in
the parent's home.
(c) The parent was a respondent in a proceeding brought under
this chapter, 182 or more days have elapsed since the issuance of
an initial dispositional order, and the court, by clear and
convincing evidence, finds either of the following:
(i) The conditions that led to the adjudication continue to
exist and there is no reasonable likelihood that the conditions
will be rectified within a reasonable time considering the child's
age.
(ii) Other conditions exist that cause the child to come within
the court's jurisdiction, the parent has received recommendations
to rectify those conditions, the conditions have not been rectified
by the parent after the parent has received notice and a hearing
and has been given a reasonable opportunity to rectify the
conditions, and there is no reasonable likelihood that the
conditions will be rectified within a reasonable time considering
the child's age.
(d) The child's parent has placed the child in a limited
guardianship under section 5205 of the estates and protected
individuals code, 1998 PA 386, MCL 700.5205, and 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 child to the extent that the noncompliance has resulted in a
disruption of the parent-child relationship.
(e) The child has a guardian under the estates and protected
individuals code, 1998 PA 386, MCL 700.1101 to 700.8206, and the
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 child to the extent that the
noncompliance has resulted in a disruption of the parent-child
relationship.
(f) The child has a guardian under the estates and protected
individuals code, 1998 PA 386, MCL 700.1101 to 700.8206, and both
of the following have occurred:
(i) The parent, having the ability to support or assist in
supporting the minor, has failed or neglected, without good cause,
to provide regular and substantial support for the minor for a
period of 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 a period of 2 years or more before the
filing of the petition.
(ii) The parent, having the ability to visit, contact, or
communicate with the minor, has regularly and substantially failed
or neglected, without good cause, to do so for a period of 2 years
or more before the filing of the petition.
(g) The parent, without regard to intent, fails to provide
proper care or custody for the child and there is no reasonable
expectation that the parent will be able to provide proper care and
custody within a reasonable time considering the child's age.
(h) The parent is imprisoned for such a period that the child
will be deprived of a normal home for a period exceeding 2 years,
and the parent has not provided for the child's proper care and
custody, and there is no reasonable expectation that the parent
will be able to provide proper care and custody within a reasonable
time considering the child's age.
(i) Parental rights to 1 or more siblings of the child have
been terminated due to serious and chronic neglect or physical or
sexual abuse, and prior attempts to rehabilitate the parents have
been unsuccessful.
(j) There is a reasonable likelihood, based on the conduct or
capacity of the child's parent, that the child will be harmed if he
or she is returned to the home of the parent.
(k) The parent abused the child or a sibling of the child and
the abuse included 1 or more of the following:
(i) Abandonment of a young child.
(ii) Criminal sexual conduct involving penetration, attempted
penetration, or assault with intent to penetrate.
(iii) Battering, torture, or other severe physical abuse.
(iv) Loss or serious impairment of an organ or limb.
(v) Life-threatening injury.
(vi) Murder or attempted murder.
(vii) Voluntary manslaughter.
(viii) Aiding and abetting, attempting to commit, conspiring to
commit, or soliciting murder or voluntary manslaughter.
(ix) Sexual abuse as that term is defined in section 2 of the
child protection law, 1975 PA 238, MCL 722.622.
(l) The parent's rights to another child were terminated as a
result of proceedings under section 2(b) of this chapter or a
similar law of another state.
(m) The parent's rights to another child were voluntarily
terminated following the initiation of proceedings under section
2(b) of this chapter or a similar law of another state and the
proceeding involved abuse that included 1 or more of the following:
(i) Abandonment of a young child.
(ii) Criminal sexual conduct involving penetration, attempted
penetration, or assault with intent to penetrate.
(iii) Battering, torture, or other severe physical abuse.
(iv) Loss or serious impairment of an organ or limb.
(v) Life-threatening injury.
(vi) Murder or attempted murder.
(vii) Voluntary manslaughter.
(viii) Aiding and abetting, attempting to commit, conspiring to
commit, or soliciting murder or voluntary manslaughter.
(ix) Sexual abuse as that term is defined in section 2 of the
child protection law, 1975 PA 238, MCL 722.622.
(n) The parent is convicted of 1 or more of the following, and
the court determines that termination is in the child's best
interests because continuing the parent-child relationship with the
parent would be harmful to the child:
(i) A violation of section 316, 317, 520b, 520c, 520d, 520e, or
520g of the Michigan penal code, 1931 PA 328, MCL 750.316, 750.317,
750.520b, 750.520c, 750.520d, 750.520e, and 750.520g.
(ii) A violation of a criminal statute that includes as an
element the use of force or the threat of force and that subjects
the parent to sentencing under section 10, 11, or 12 of chapter IX
of the code of criminal procedure, 1927 PA 175, MCL 769.10, 769.11,
and 769.12.
(iii) A federal law or law of another state with provisions
substantially similar to a crime or procedure listed or described
in subparagraph (i) or (ii).
(4) If a petition to terminate the parental rights to a child
is filed, the court may enter an order terminating parental rights
under subsection (3) at the initial dispositional hearing. If a
petition to terminate parental rights to a child is filed, the
court may suspend parenting time for a parent who is a subject of
the petition.
(5) If the court finds that there are grounds for termination
of parental rights and that termination of parental rights is in
the child's best interests, the court shall order termination of
parental rights and order that additional efforts for reunification
of the child with the parent not be made.
(6) As used in this section, "concerned person" means a foster
parent with whom the child is living or has lived who has specific
knowledge of behavior by the parent constituting grounds for
termination under subsection (3)(b) or (g) and who has contacted
the department, the prosecuting attorney, the child's attorney, and
the child's guardian ad litem, if any, and is satisfied that none
of these persons intend to file a petition under this section.
