Bill Text: MI SB0221 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Probate; guardians and conservators; provisions in the estates and protected individuals code related to termination of a limited guardianship of a minor; revise structure. Amends secs. 5207, 5208 & 5209 of 1998 PA 386 (MCL 700.5207 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-07-29 - Referred To Committee Of The Whole [SB0221 Detail]
Download: Michigan-2019-SB0221-Introduced.html
SENATE BILL No. 221
March 14, 2019, Introduced by Senator LUCIDO and referred to the Committee on Judiciary and Public Safety.
A bill to amend 1998 PA 386, entitled
"Estates and protected individuals code,"
by amending sections 5207, 5208, and 5209 (MCL 700.5207, 700.5208,
and 700.5209).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5207. (1) The court may review a guardianship for a minor
as it considers necessary and shall review a guardianship annually
if the minor is under 6 years of age. In conducting the review
under this subsection, the court shall consider all of the
following factors:
(a) The parent's and guardian's compliance with either of the
following, as applicable:
(i) A limited guardianship placement plan.
(ii) A court-structured plan under subsection (3)(b)(ii)(B) or
section
5209(2)(b)(ii).5209(b)(ii).
(b) Whether the guardian has adequately provided for the
minor's welfare.
(c) The necessity of continuing the guardianship.
(d) The guardian's willingness and ability to continue to
provide for the minor's welfare.
(e)
The effect upon on the minor's welfare if the guardianship
is continued.
(f) Any other factor that the court considers relevant to the
minor's welfare.
(2)
The court may order the family independence agency
department of health and human services or a court employee or
agent to conduct an investigation and file a written report of the
investigation regarding the factors listed in subsection (1).
(3)
Upon On completion of a guardianship review, the court may
do either of the following:
(a) Continue the guardianship.
(b) Schedule and conduct a hearing on the guardianship's
status and do any of the following:
(i) If the guardianship is a limited guardianship, do either
of the following:
(A) Continue the limited guardianship.
(B) Order the parties to modify the limited guardianship
placement plan as a condition to continuing the limited
guardianship.
(ii) If the guardianship was established under section 5204,
do either of the following:
(A) Continue the guardianship.
(B) Order the parties to follow a court-structured plan
designed to resolve the conditions identified at the review
hearing.
(iii) Take an action described in section 5209(2).5209.
Sec. 5208. (1) A minor's parent or parents may petition the
court to terminate a guardianship for the minor as follows:
(a) If the guardianship is a limited guardianship, the parents
or the sole parent with a right to custody of the minor may
petition the court.
(b) If the guardianship was established under section 5204,
the minor's parent or parents may petition the court.
(2) If a petition is filed to terminate a guardianship under
this section, the court may do 1 or more of the following:
(a)
Order the family independence agency department of health
and human services or a court employee or agent to conduct an
investigation and file a written report of the investigation
regarding the best interests of the minor or give testimony
concerning the investigation.
(b) Utilize the community resources in behavioral sciences and
other professions in the investigation and study of the best
interests of the minor and consider their recommendations for the
disposition of the petition.
(c) Appoint a guardian ad litem or attorney to represent the
minor.
(d) Take any other action considered necessary in a particular
case.
(3) After notice and hearing on a petition under this section
to terminate a limited guardianship, the court shall terminate the
limited guardianship if it determines that the minor's parent or
parents have substantially complied with the limited guardianship
placement plan. The court may enter orders to facilitate the
minor's reintegration into the home of the parent or parents for a
period of up to 6 months before the termination.
(4) (3)
This section and section 5209 apply
to all
guardianships
established before, on, or after the effective date
of
this section.April 1, 2000.
Sec.
5209. (1) After notice and hearing on a petition under
section
5208 to terminate a limited guardianship, the court shall
terminate
the limited guardianship if it determines that the
minor's
parent or parents have substantially complied with the
limited
guardianship placement plan. The court may enter orders to
facilitate
the minor's reintegration into the home of the parent or
parents
for a period of up to 6 months before the termination.
(2)
For a petition to terminate a
guardianship in which
subsection
(1) does not apply, that is
not a petition by a minor's
parent or parents to terminate guardianship under section 5208,
after notice and hearing, the court may do any of the following:
(a) Terminate the guardianship if the court determines that it
is in the best interests of the minor, and do any of the following:
(i) Enter orders to facilitate the minor's reintegration into
the parent's home for a period of up to 6 months before the
termination.
(ii) Order the family independence agency department of health
and human services to supervise the transition period when the
minor is being reintegrated into his or her parent's home.
(iii) Order the family independence agency department of
health and human services to provide services to facilitate the
minor's reintegration into his or her parent's home.
(b) Continue the guardianship for not more than 1 year after
the hearing date if the court determines that it is in the best
interests of the minor, and do any of the following:
(i) If the guardianship is a limited guardianship, order the
parent or parents to comply with 1 of the following:
(A) The limited guardianship placement plan.
(B) A court-modified limited guardianship placement plan.
(C) If the limited guardianship was established before
December 20, 1990, a court-structured plan that enables the minor
to return to the home of his or her parent or parents.
(ii) If the guardianship is ordered under section 5204, order
the parent or parents to follow a court-structured plan that
enables the minor to return to the home of his or her parent or
parents.
(iii) If a guardianship is continued under subparagraph (i) or
(ii), schedule and conduct a hearing to review the guardianship
before the expiration of the period of time that the guardianship
is continued and either terminate the guardianship or limited
guardianship or proceed under subdivision (c) or (d).
(c) If the minor resides with the guardian or limited guardian
for not less than 1 year and if the court finds that the minor's
parent or parents have failed to provide the minor with parental
care, love, guidance, and attention appropriate to the child's age
and individual needs resulting in a substantial disruption of the
parent-child relationship, continue the guardianship if it is
established by clear and convincing evidence that the continuation
would serve the best interests of the minor.
(d) Appoint an attorney to represent the minor or refer the
matter
to the family independence agency. department of health and
human
services. The attorney or the family
independence agency
department of health and human services may file a complaint on
behalf of the minor requesting the family division of the circuit
court to take jurisdiction of the minor under section 2(b) of
chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2.
