SENATE BILL NO. 793 October 7, 1999, Introduced by Senators HAMMERSTROM, SHUGARS, JOHNSON, MC COTTER, GOSCHKA, STILLE, ROGERS and STEIL and referred to the Committee on Families, Mental Health and Human Services. A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 22 of chapter X and sections 13a, 18f, and 19b of chapter XIIA (MCL 710.22, 712A.13a, 712A.18f, and 712A.19b), section 22 of chapter X as amended by 1996 PA 409, sections 13a and 19b of chapter XIIA as amended by 1998 PA 530, and section 18f of chapter XIIA as amended by 1998 PA 480. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 CHAPTER X 2 Sec. 22. As used in this chapter: 3 (a) "Adoptee" means the individual who is to be adopted, 4 regardless of whether the individual is a child or an adult. 5 (b) "Adoption attorney" means an attorney acting as counsel 6 in a direct placement adoption who meets all of the following 7 requirements: 01907'99 LTB 2 1 (i) Has completed at least 12 hours of continuing education 2 in this state during the past 5 years in courses integrating the 3 legal and social aspects of adoption. 4 (ii) Maintains an up-to-date file of individuals licensed or 5 registered under either the public health code,Act No. 368 of6the Public Acts of 1978, being sections 333.1101 to 333.25211 of7the Michigan Compiled Laws1978 PA 368, MCL 333.1101 TO 8 333.25211, or the occupational code,Act No. 299 of the Public9Acts of 1980, being sections 339.101 to 339.2721 of the Michigan10Compiled Laws1980 PA 299, MCL 339.101 TO 339.2721, and agencies 11 to whom referrals may be made for counseling services needed by 12 an adoption client. 13 (iii) Has registered as an adoption attorney with the 14 children's ombudsman as provided in section 5 of the foster care 15 and adoption services act,Act No. 203 of the Public Acts of161994, being sections 722.951 to 722.960 of the Michigan Compiled17Laws1994 PA 203, MCL 722.955. 18 (c) "Adult former sibling" means an individual who is 18 19 years of age or older and is related to an adult adoptee either 20 biologically or through adoption by at least 1 common parent, 21 regardless of whether the adult former sibling ever lived in the 22 same household as the adult adoptee. 23 (d) "Agency placement" means a placement in which a child 24 placing agency, the department, or a court selects the adoptive 25 parent for the child and transfers physical custody of the child 26 to the prospective adoptive parent. 01907'99 3 1 (E) "ALCOHOL ABUSE" MEANS THE FREQUENT AND ROUTINE 2 CONSUMPTION OF ALCOHOLIC BEVERAGES TO THE POINT OF INTOXICATION. 3 (F)(e)"Attending practitioner" means a licensed physi- 4 cian or a registered professional nurse certified as a nurse mid- 5 wife by the Michigan board of nursing. 6 (G)(f)"Best interests of the adoptee" or "best interests 7 of the child" means the sum total of the following factors to be 8 considered, evaluated, and determined by the court to be applied 9 to give the adoptee permanence at the earliest possible date: 10 (i) The love, affection, and other emotional ties existing 11 between the adopting individual or individuals and the adoptee 12 or, in the case of a hearing under section 39 of this chapter, 13 the putative father and the adoptee. 14 (ii) The capacity and disposition of the adopting individual 15 or individuals or, in the case of a hearing under section 39 of 16 this chapter, the putative father to give the adoptee love, 17 affection, and guidance, and to educate and create a milieu that 18 fosters the religion, racial identity, and culture of the 19 adoptee. 20 (iii) The capacity and disposition of the adopting individ- 21 ual or individuals or, in the case of a hearing under section 39 22 of this chapter, the putative father,to provide the adoptee 23 with food, clothing, education, permanence, medical care or other 24 remedial care recognized and permitted under the laws of this 25 state in place of medical care, and other material needs. 01907'99 4 1 (iv) The length of time the adoptee has lived in a stable, 2 satisfactory environment, and the desirability of maintaining 3 continuity. 4 (v) The permanence as a family unit of the proposed adoptive 5 home,or, in the case of a hearing under section 39 of this 6 chapter, the home of the putative father. 7 (vi) The moral fitness of the adopting individual or indi- 8 viduals or, in the case of a hearing under section 39 of this 9 chapter, of the putative father INCLUDING, BUT NOT LIMITED TO, 10 EVIDENCE OF A CRIMINAL CONVICTION, ALCOHOL ABUSE, OR CONTROLLED 11 SUBSTANCE ABUSE. 12 (vii) The mental and physical health of the adopting indi- 13 vidual or individuals or, in the case of a hearing under section 14 39 of this chapter, of the putative father,and of the 15 adoptee. 16 (viii) The home, school, and community record of the 17 adoptee. 18 (ix) The reasonable preference of the adoptee, if the 19 adoptee is 14 years of age or less and if the court considers the 20 adoptee to be of sufficient age to express a preference. 21 (x) The ability and willingness of the adopting individual 22 or individuals to adopt the adoptee's siblings. 23 (xi) Any other factor considered by the court to be relevant 24 to a particular adoption proceeding,or to a putative father's 25 request for child custody. 26 (H)(g)"Born out of wedlock" means a child conceived and 27 born to a woman who was not married from the conception to the 01907'99 5 1 date of birth of the child, or a child whom the court has 2 determined to be a child born during a marriage but not the issue 3 of that marriage. 4 (I)(h)"Central adoption registry" means the registry 5 established by the department pursuant to section 27b of this 6 chapter to control the release of identifying adoption 7 information. 8 (J)(i)"Child" means an individual less than 18 years of 9 age. 10 (K)(j)"Child placing agency" means a private organiza- 11 tion licensed underAct No. 116 of the Public Acts of 1973,12being sections 722.111 to 722.128 of the Michigan Compiled Laws13 1973 PA 116, MCL 722.111 TO 722.128, to place children for 14 adoption. 15 (l)(k)"Consent" means a document in which all parental 16 rights over a specific child are voluntarily relinquished to the 17 court for placement with a specific adoptive parent. 18 (M) "CONTROLLED SUBSTANCE" MEANS THAT TERM AS DEFINED IN 19 SECTION 7104 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 20 333.7104. 21 (N) "CONTROLLED SUBSTANCE ABUSE" MEANS EITHER THE FREQUENT 22 AND ROUTINE CONSUMPTION OF A CONTROLLED SUBSTANCE IN AN AMOUNT 23 EXCEEDING THE DOSAGE RECOMMENDED BY THE PRESCRIBER OR THE RECENT 24 CONSUMPTION OF A CONTROLLED SUBSTANCE FOR WHICH THE USER HAD NO 25 PRESCRIPTION OR FOR WHICH NO PRESCRIPTION IS AVAILABLE. 01907'99 6 1 (O)(l)"Court" means the family division of circuit court 2 of this state, or when the context requires, the court having 3 jurisdiction over adoption in another state or country. 4 (P)(m)"Department" means the family independence 5 agency. 6 (Q)(n)"Direct placement" means a placement in which a 7 parent or guardian selects an adoptive parent for a child, other 8 than a stepparent or an individual related to the child within 9 the fifth degree by marriage, blood, or adoption, and transfers 10 physical custody of the child to the prospective adoptive 11 parent. 12 (R)(o)"Formal placement" means a placement that is 13 approved by the court under section 51 of this chapter. 14 (S)(p)"Person" means an individual, partnership, corpo- 15 ration, association, governmental entity, or other legal entity. 16 (T)(q)"Petitioner", except as used in section 68b of 17 this chapter, means the individual or individuals who file an 18 adoption petition with the court. 19 (U)(r)"Placement" or "to place" means selection of an 20 adoptive parent for a child and transfer of physical custody of 21 the child to a prospective adoptive parent pursuant to this 22 chapter. 23 (V)(s)"Release" means a document in which all parental 24 rights over a specific child are voluntarily relinquished to the 25 department or to a child placing agency. 26 (W)(t)"Rescission petition" means a petition filed by an 27 adult adoptee and his or her parent whose rights have been 01907'99 7 1 terminated to rescind the adoption in which a stepparent acquired 2 parental rights and to restore parental rights of that parent 3 pursuant to section 66 of this chapter. 4 (X)(u)"Suitable to be a parent of an adoptee" means a 5 conclusion that there is no specific concern with respect to an 6 individual that would suggest that placement of any child, or a 7 particular child, in the home of the individual would pose a risk 8 of harm to the physical or psychological well-being of the 9 child. 10 (Y)(v)"Temporary placement" means a placement that 11 occurs before court approval under section 51 of this chapter and 12 that meets the requirements of section 23d of this chapter. 13 (Z)(w)"Within the fifth degree by marriage, blood, or 14 adoption" means any of the following relationships: parent, 15 step-parent, grandparent, step-grandparent, brother, 16 step-brother, sister, step-sister, uncle, step-uncle, aunt, 17 step-aunt, first cousin, step-first cousin, great aunt, 18 step-great aunt, great uncle, step-great uncle, great grandpar- 19 ent, step-great grandparent, first cousin once removed, 20 step-first cousin once removed, great great grandparent, 21 step-great great grandparent, great great uncle, step-great great 22 uncle, great great aunt, step-great great aunt, great great great 23 grandparent, or step-great great great grandparent. 24 CHAPTER XIIA 25 Sec. 13a. (1) As used in this section and sections 2, 6b, 26 13b, 17c, 17d, 18f, 19, 19a, 19b, and 19c of this chapter: 01907'99 8 1 (a) "Agency" means a public or private organization, 2 institution, or facility responsible under court order or 3 contractual arrangement for a juvenile's care and supervision. 4 (B) "ALCOHOL ABUSE" MEANS THE FREQUENT AND ROUTINE CONSUMP- 5 TION OF ALCOHOLIC BEVERAGES TO THE POINT OF INTOXICATION. 6 (C)(b)"Attorney" means, if appointed to represent a 7 child in a proceeding under section 2(b) or (c) of this chapter, 8 an attorney serving as the child's legal advocate in a tradi- 9 tional attorney-client relationship with the child, as governed 10 by the Michigan rules of professional conduct. An attorney 11 defined under this subdivision owes the same duties of undivided 12 loyalty, confidentiality, and zealous representation of the 13 child's expressed wishes as the attorney would to an adult 14 client. For the purpose of a notice required under these sec- 15 tions, attorney includes a child's lawyer-guardian ad litem. 16 (D)(c)"Case service plan" means the plan developed by an 17 agency and prepared pursuant to section 18f of this chapter that 18 includes services to be provided by and responsibilities and 19 obligations of the agency and activities, responsibilities, and 20 obligations of the parent. The case service plan may be referred 21 to using different names than case service plan including, but 22 not limited to, a parent/agency agreement or a parent/agency 23 treatment plan and service agreement. 24 (E) "CONTROLLED SUBSTANCE" MEANS THAT TERM AS DEFINED IN 25 SECTION 7104 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 26 333.7104. 01907'99 9 1 (F) "CONTROLLED SUBSTANCE ABUSE" MEANS EITHER THE FREQUENT 2 AND ROUTINE CONSUMPTION OF A CONTROLLED SUBSTANCE IN AN AMOUNT 3 EXCEEDING THE DOSAGE RECOMMENDED BY THE PRESCRIBER OR THE RECENT 4 CONSUMPTION OF A CONTROLLED SUBSTANCE FOR WHICH THE USER HAD NO 5 PRESCRIPTION OR FOR WHICH NO PRESCRIPTION IS AVAILABLE. 6 (G)(d)"Foster care" means care provided to a juvenile in 7 a foster family home, foster family group home, or juvenile 8 caring institution licensed or approved under 1973 PA 116, 9 MCL 722.111 to 722.128, or care provided to a juvenile in a 10 relative's home under a court order. 11 (H)(e)"Guardian ad litem" means an individual whom the 12 court appoints to assist the court in determining the child's 13 best interests. A guardian ad litem does not need to be an 14 attorney. 15 (I)(f)"Lawyer-guardian ad litem" means an attorney 16 appointed under section 17c of this chapter. A lawyer-guardian 17 ad litem represents the child, and has the powers and duties, as 18 set forth in section 17d of this chapter. The provisions of sec- 19 tion 17d of this chapter also apply to a lawyer-guardian ad litem 20 appointed under each of the following: 21 (i) Section 427 or 437 of the revised probate code, 1978 PA 22 642, MCL 700.427 and 700.437. 23 (ii) Section 4 of the child custody act of 1970, 1970 PA 91, 24 MCL 722.24. 25 (iii) Section 10 of the child protection law, 1975 PA 238, 26 MCL 722.630. 01907'99 10 1 (iv) SECTIONS 5213 AND 5219 OF THE ESTATES AND PROTECTED 2 INDIVIDUALS CODE, 1998 PA 386, MCL 700.5213 AND 700.5219. 3 (J)(g)"Nonparent adult" means a person who is 18 years 4 of age or older and who, regardless of the person's domicile, 5 meets all of the following criteria in relation to a child over 6 whom the court takes jurisdiction under this chapter: 7 (i) Has substantial and regular contact with the child. 8 (ii) Has a close personal relationship with the child's 9 parent or with a person responsible for the child's health or 10 welfare. 11 (iii) Is not the child's parent or a person otherwise 12 related to the child by blood or affinity to the third degree. 13 (K)(h)"Permanent foster family agreement" means an 14 agreement for a child 14 years old or older to remain with a par- 15 ticular foster family until the child is 18 years old under stan- 16 dards and requirements established by the family independence 17 agency., which agreement isA PERMANENT FOSTER FAMILY AGREE- 18 MENT IS AN AGREEMENT among all of the following: 19 (i) The child. 20 (ii) If the child is a temporary ward, the child's family. 21 (iii) The foster family. 22 (iv) The child placing agency responsible for the child's 23 care in foster care. 24 (2) If a juvenile is alleged to be within the provisions of 25 section 2(b) of this chapter, the court may authorize a petition 26 to be filed at the conclusion of the preliminary hearing or 27 inquiry. The court may authorize the petition upon a showing of 01907'99 11 1 probable cause that 1 or more of the allegations in the petition 2 are true and fall within the provisions of section 2(b) of this 3 chapter. If a petition is before the court because the family 4 independence agency is required to submit the petition under sec- 5 tion 17 of the child protection law, 1975 PA 238, MCL 722.637, 6 the court shall hold a hearing on the petition within 24 hours or 7 on the next business day after the petition is submitted, at 8 which hearing the court shall consider at least the matters gov- 9 erned by subsections (4) and (5). 10 (3) Except as provided in subsection (5), if a petition 11 under subsection (2) is authorized, the court may release the 12 juvenile in the custody of either of the juvenile's parents or 13 the juvenile's guardian or custodian under reasonable terms and 14 conditions necessary for either the juvenile's physical health or 15 mental well-being. 16 (4) The court may order a parent, guardian, custodian, non- 17 parent adult, or other person residing in a child's home to leave 18 the home and, except as the court orders, not to subsequently 19 return to the home if all of the following take place: 20 (a) A petition alleging abuse of the child by the parent, 21 guardian, custodian, nonparent adult, or other person is autho- 22 rized under subsection (2). 23 (b) The court after a hearing finds probable cause to 24 believe the parent, guardian, custodian, nonparent adult, or 25 other person committed the abuse. 26 (c) The court finds on the record that the presence in the 27 home of the person alleged to have committed the abuse presents a 01907'99 12 1 substantial risk of harm to the child's life, physical health, or 2 mental well-being. 3 (5) If a petition alleges abuse by a person described in 4 subsection (4), regardless of whether the court orders the 5 alleged abuser to leave the child's home under subsection (4), 6 the court shall not leave the child in or return the child to the 7 child's home or place the child with a person not licensed under 8 1973 PA 116, MCL 722.111 to 722.128, unless the court finds that 9 the conditions of custody at the placement and with the individ- 10 ual with whom the child is placed are adequate to safeguard the 11 child from the risk of harm to the child's life, physical health, 12 or mental well-being. 13 (6) In determining whether to enter an order under 14 subsection (4), the court may consider whether the parent who is 15 to remain in the juvenile's home is married to the person to be 16 removed or has a legal right to retain possession of the home. 17 (7) An order entered under subsection (4) may also contain 1 18 or more of the following terms or conditions: 19 (a) The court may require the alleged abusive parent to pay 20 appropriate support to maintain a suitable home environment for 21 the juvenile during the duration of the order. 22 (b) The court may order the alleged abusive person, accord- 23 ing to terms the court may set, to surrender to a local law 24 enforcement agency any firearms or other potentially dangerous 25 weapons the alleged abusive person owns, possesses, or uses. 01907'99 13 1 (c) The court may include any reasonable term or condition 2 necessary for the juvenile's physical or mental well-being or 3 necessary to protect the juvenile. 4 (8) If the court orders placement of the juvenile outside 5 the juvenile's home, the court shall inform the parties of the 6 following: 7 (a) That the agency has the responsibility to prepare an 8 initial services plan within 30 days of the juvenile's 9 placement. 10 (b) The general elements of an initial services plan as 11 required by the rules promulgated under 1973 PA 116, MCL 722.111 12 to 722.128. 13 (c) That participation in the initial services plan is vol- 14 untary without a court order. 15 (9) Before or within 7 days after a child is placed in a 16 relative's home, the family independence agency shall perform a 17 criminal record check and central registry clearance. If the 18 child is placed in the home of a relative, the court shall order 19 a home study to be performed and a copy of the home study to be 20 submitted to the court not more than 30 days after the 21 placement. 22 (10) In determining placement of a juvenile pending trial, 23 the court shall order the juvenile placed in the most family-like 24 setting available consistent with the juvenile's needs. 25 (11) If a juvenile is removed from his or her home, the 26 court shall permit the juvenile's parent to have frequent 27 parenting time with the juvenile. However, if parenting time, 01907'99 14 1 even if supervised, may be harmful to the juvenile, the court 2 shall order the child to have a psychological evaluation or coun- 3 seling, or both, to determine the appropriateness and the condi- 4 tions of parenting time. The court may suspend parenting time 5 while the psychological evaluation or counseling is conducted. 6 (12) Upon the motion of any party, the court shall review 7 custody and placement orders and initial services plans pending 8 trial and may modify those orders and plans as the court consid- 9 ers under this section are in the juvenile's best interests. 10 (13) IN DETERMINING CUSTODY OF A CHILD UNDER THIS SECTION, 11 THE COURT SHALL CONSIDER, ALONG WITH OTHER EVIDENCE, EVIDENCE OF 12 A CRIMINAL CONVICTION, ALCOHOL ABUSE, OR CONTROLLED SUBSTANCE 13 ABUSE. 14 (14)(13)The court shall include in an order placing a 15 child in foster care an order directing the release of informa- 16 tion concerning the child in accordance with this subsection. If 17 a child is placed in foster care, within 10 days after receipt of 18 a written request, the agency shall provide the person who is 19 providing the foster care with copies of all initial, updated, 20 and revised case service plans and court orders relating to the 21 child and all of the child's medical, mental health, and educa- 22 tion reports, including reports compiled before the child was 23 placed with that person. 24 (15)(14)In an order placing a child in foster care, the 25 court shall include both of the following: 01907'99 15 1 (a) An order that the child's parent, guardian, or custodian 2 provide the supervising agency with the name and address of each 3 of the child's medical providers. 4 (b) An order that each of the child's medical providers 5 release the child's medical records. The order may specify pro- 6 viders by profession or type of institution. 7 (16)(15)As used in this section, "abuse" means 1 or more 8 of the following: 9 (a) Harm or threatened harm by a person to a juvenile's 10 health or welfare that occurs through nonaccidental physical or 11 mental injury. 12 (b) Engaging in sexual contact or sexual penetration as 13 defined in section 520a of the Michigan penal code, 1931 PA 328, 14 MCL 750.520a, with a juvenile. 15 (c) Sexual exploitation of a juvenile,whichTHAT 16 includes, but is not limited to, allowing, permitting, or encour- 17 aging a juvenile to engage in prostitution or allowing, permit- 18 ting, encouraging, or engaging in photographing, filming, or 19 depicting a juvenile engaged in a listed sexual act as defined in 20 section 145c of the Michigan penal code, 1931 PA 328, 21 MCL 750.145c. 22 (d) Maltreatment of a juvenile. 23 Sec. 18f. (1) If, in a proceeding under section 2(b) of 24 this chapter, an agency advises the court against placing a child 25 in the custody of the child's parent, guardian, or custodian, the 26 agency shall report in writing to the court what efforts were 27 made to prevent the child's removal from his or her home or the 01907'99 16 1 efforts made to rectify the conditions that caused the child's 2 removal from his or her home. The report shall include all of 3 the following: 4 (a) If services were provided to the child and his or her 5 parent, guardian, or custodian, the services, including in-home 6 services, that were provided. 7 (b) If services were not provided to the child and his or 8 her parent, guardian, or custodian, the reasons why services were 9 not provided. 10 (c) Likely harm to the child if the child were to be sepa- 11 rated from his or her parent, guardian, or custodian. 12 (d) Likely harm to the child if the child were to be 13 returned to his or her parent, guardian, or custodian. 14 (2) Before the court enters an order of disposition in a 15 proceeding under section 2(b) of this chapter, the agency shall 16 prepare a case service plan that shall be available to the court 17 and all the parties to the proceeding. 18 (3) The case service plan shall provide for placing the 19 child in the most family-like setting available and in as close 20 proximity to the child's parents' home as is consistent with the 21 child's best interests and special needs. The case service plan 22 shall include, but not be limited to, the following: 23 (a) The type of home or institution in which the child is to 24 be placed and the reasons for the selected placement. 25 (b) Efforts to be made by the child's parent to enable the 26 child to return to his or her home. 01907'99 17 1 (c) Efforts to be made by the agency to return the child to 2 his or her home. 3 (d) Schedule of services to be provided to the parent, 4 child, and if the child is to be placed in foster care, the 5 foster parent, to facilitate the child's return to his or her 6 home or to facilitate the child's permanent placement. 7 (e) Except as otherwise provided in this subdivision, unless 8 parenting time, even if supervised, would be harmful to the child 9 as determined by the court under section 13a of this chapter or 10 otherwise, a schedule for regular and frequent parenting time 11 between the child and his or her parent which shall not be less 12 than once every 7 days.At the time of the initial termination13hearing held to consider termination of parental rights, parent-14ing time is automatically suspended unless the parent establishes15and the court determines that the exercise of parenting time will16not harm the child. If the court adjourns or continues the ter-17mination hearing beyond the original scheduled date for any18reason, the court shall suspend parenting time in the interim,19unless the court determines that the exercise of parenting time20will not harm the child.21 (4) Before the court enters an order of disposition, the 22 court shall consider the case service plan; any written or oral 23 information offered concerning the child from the child's parent, 24 guardian, custodian, foster parent, child caring institution, 25 relative with whom the child is placed, lawyer-guardian ad litem, 26 attorney, or guardian ad litem; and any other evidence offered, 27 including, BUT NOT LIMITED TO, EVIDENCE REGARDING the 01907'99 18 1 appropriateness of parenting time,OR REGARDING A CRIMINAL 2 CONVICTION, ALCOHOL ABUSE, OR CONTROLLED SUBSTANCE ABUSE, which 3 information or evidence bears on the disposition. The order of 4 disposition shall state whether reasonable efforts have been made 5 to prevent the child's removal from his or her home or to rectify 6 the conditions that caused the child's removal from his or her 7 home. The court may order compliance with all or any part of the 8 case service plan as the court considers necessary. 9 (5) If a child continues in placement outside of the child's 10 home, the case service plan shall be updated and revised at 11 90-day intervals as required by the rules promulgated under 1973 12 PA 116, MCL 722.111 to 722.128. The agency shall consult with 13 the foster parents when it updates and revises the case service 14 plan, and shall attach a statement summarizing the information 15 received from the foster parents to the updated and revised case 16 service plan. Updated and revised case service plans shall be 17 available to the court and all the parties to the proceeding. 18 Within 10 days after receipt of a written request, the agency 19 shall provide the person who is providing the foster care with 20 the information itemized in section13a(13)13A(14) of this 21 chapter. 22 (6) To ensure that the case service plan addresses the 23 child's medical needs in relation to abuse and neglect, the 24 family independence agency shall review a child's case with the 25 child's attending physician of record during a hospitalization or 26 with the child's primary care physician, but only if a physician 01907'99 19 1 has diagnosed the child's abuse or neglect as involving 1 or more 2 of the following: 3 (a) Failure to thrive. 4 (b) Munchausen syndrome by proxy. 5 (c) Shaken baby syndrome. 6 (d) A bone fracture that is diagnosed as being the result of 7 abuse or neglect. 8 (e) Drug exposure. 9 (7) If a child is placed outside of his or her home and the 10 family independence agency is required to review the child's case 11 with a physician under subsection (6), then in a judicial pro- 12 ceeding to determine if the child is to be returned to his or her 13 home the court must allow the child's attending physician of 14 record during a hospitalization or the child's primary care phy- 15 sician to testify regarding the case service plan. The court 16 shall notify each physician of the hearing's time and place. 17 Sec. 19b. (1) Except as provided in subsection (4), if a 18 child remains in foster care in the temporary custody of the 19 court following a review hearing under section 19(3) of this 20 chapter or a permanency planning hearing under section 19a of 21 this chapter or if a child remains in the custody of a guardian 22 or limited guardian, upon petition of the prosecuting attorney, 23 whether or not the prosecuting attorney is representing or acting 24 as legal consultant to the agency or any other party, or petition 25 of the child, guardian, custodian, concerned person as defined in 26 subsection (6), agency, or children's ombudsman as authorized in 27 section 7 of the children's ombudsman act, 1994 PA 204, MCL 01907'99 20 1 722.927, the court shall hold a hearing to determine if the 2 parental rights to a child should be terminated and, if all 3 parental rights to the child are terminated, the child placed in 4 permanent custody of the court. The court shall state on the 5 record or in writing its findings of fact and conclusions of law 6 with respect to whether or not parental rights should be 7 terminated. The court shall issue an opinion or order regarding 8 a petition for termination of parental rights within 70 days 9 after the commencement of the initial hearing on the petition. 10 However, the court's failure to issue an opinion within 70 days 11 does not dismiss the petition. 12 (2) Not less than 14 days before a hearing to determine if 13 the parental rights to a child should be terminated, written 14 notice of the hearing shall be served upon all of the following: 15 (a) The agency. The agency shall advise the child of the 16 hearing if the child is 11 years of age or older. 17 (b) The child's foster parent or custodian. 18 (c) The child's parents. 19 (d) If the child has a guardian, the child's guardian. 20 (e) If the child has a guardian ad litem, the child's guard- 21 ian ad litem. 22 (f) If tribal affiliation has been determined, the Indian 23 tribe's elected leader. 24 (g) The child's LAWYER-GUARDIAN AD LITEM OR attorney and 25 each party's attorney. 26 (h) If the child is 11 years of age or older, the child. 01907'99 21 1 (i) The prosecutor. 2 (3) The court may terminate a parent's parental rights to a 3 child if the court finds, by clear and convincing evidence, AND 4 CONSIDERING THE EVIDENCE DESCRIBED IN SUBSECTION (5), 1 or more 5 of the following: 6 (a) The child has been deserted under either of the follow- 7 ing circumstances: 8 (i) The child's parent is unidentifiable, has deserted the 9 child for 28 or more days, and has not sought custody of the 10 child during that period. For the purposes of this section, a 11 parent is unidentifiable if the parent's identity cannot be 12 ascertained after reasonable efforts have been made to locate and 13 identify the parent. 14 (ii) The child's parent has deserted the child for 91 or 15 more days and has not sought custody of the child during that 16 period. 17 (b) The child or a sibling of the child has suffered physi- 18 cal injury or physical or sexual abuse under 1 or more of the 19 following circumstances: 20 (i) The parent's act caused the physical injury or physical 21 or sexual abuse and the court finds that there is a reasonable 22 likelihood that the child will suffer from injury or abuse in the 23 foreseeable future if placed in the parent's home. 24 (ii) The parent who had the opportunity to prevent the phys- 25 ical injury or physical or sexual abuse failed to do so and the 26 court finds that there is a reasonable likelihood that the child 01907'99 22 1 will suffer injury or abuse in the foreseeable future if placed 2 in the parent's home. 3 (iii) A nonparent adult's act caused the physical injury or 4 physical or sexual abuse and the court finds that there is a rea- 5 sonable likelihood that the child will suffer from injury or 6 abuse by the nonparent adult in the foreseeable future if placed 7 in the parent's home. 8 (c) The parent was a respondent in a proceeding brought 9 under this chapter, 182 or more days have elapsed since the issu- 10 ance of an initial dispositional order, and the court, by clear 11 and convincing evidence, finds either of the following: 12 (i) The conditions that led to the adjudication continue to 13 exist and there is no reasonable likelihood that the conditions 14 will be rectified within a reasonable time considering the 15 child's age. 16 (ii) Other conditions exist that cause the child to come 17 within the court's jurisdiction, the parent has received recom- 18 mendations to rectify those conditions, the conditions have not 19 been rectified by the parent after the parent has received notice 20 and a hearing and has been given a reasonable opportunity to rec- 21 tify the conditions, and there is no reasonable likelihood that 22 the conditions will be rectified within a reasonable time consid- 23 ering the child's age. 24 (d) The child's parent has placed the child in a limited 25 guardianship under section 424a of the revised probate code, 1978 26 PA 642, MCL 700.424a, OR SECTION 5205 OF THE ESTATES AND 27 PROTECTED INDIVIDUALS CODE, 1998 PA 386, MCL 700.5205, and has 01907'99 23 1 substantially failed, without good cause, to comply with a 2 limited guardianship placement plan described in section 424a of 3 the revised probate code, 1978 PA 642, MCL 700.424a, OR SECTION 4 5205 OF THE ESTATES AND PROTECTED INDIVIDUALS CODE, 1998 PA 386, 5 MCL 700.5205, regarding the child to the extent that the noncom- 6 pliance has resulted in a disruption of the parent-child 7 relationship. 8 (e) The child has a guardian under the revised probate code, 9 1978 PA 642, MCL 700.1 to 700.993, OR THE ESTATES AND PROTECTED 10 INDIVIDUALS CODE, 1998 PA 386, MCL 700.1101 TO 700.8102, and the 11 parent has substantially failed, without good cause, to comply 12 with a court-structured plan described in section 424b or 424c of 13 the revised probate code, 1978 PA 642, MCL 700.424b and 700.424c, 14 OR SECTION 5207 OR 5209 OF THE ESTATES AND PROTECTED INDIVIDUALS 15 CODE, 1998 PA 386, MCL 700.5207 AND 700.5209, regarding the child 16 to the extent that the noncompliance has resulted in a disruption 17 of the parent-child relationship. 18 (f) The child has a guardian under the revised probate code, 19 1978 PA 642, MCL 700.1 to 700.993, THE ESTATES AND PROTECTED 20 INDIVIDUALS CODE, 1998 PA 386, MCL 700.1101 TO 700.8102, and both 21 of the following have occurred: 22 (i) The parent, having the ability to support or assist in 23 supporting the minor, has failed or neglected, without good 24 cause, to provide regular and substantial support for the minor 25 for a period of 2 years or more before the filing of the petition 26 or, if a support order has been entered, has failed to 01907'99 24 1 substantially comply with the order for a period of 2 years or 2 more before the filing of the petition. 3 (ii) The parent, having the ability to visit, contact, or 4 communicate with the minor, has regularly and substantially 5 failed or neglected, without good cause, to do so for a period of 6 2 years or more before the filing of the petition. 7 (g) The parent, without regard to intent, fails to provide 8 proper care or custody for the child and there is no reasonable 9 expectation that the parent will be able to provide proper care 10 and custody within a reasonable time considering the child's 11 age. 12 (h) The parent is imprisoned for such a period that the 13 child will be deprived of a normal home for a period exceeding 2 14 years, and the parent has not provided for the child's proper 15 care and custody, and there is no reasonable expectation that the 16 parent will be able to provide proper care and custody within a 17 reasonable time considering the child's age. 18 (i) Parental rights to 1 or more siblings of the child have 19 been terminated due to serious and chronic neglect or physical or 20 sexual abuse, and prior attempts to rehabilitate the parents have 21 been unsuccessful. 22 (j) There is a reasonable likelihood, based on the conduct 23 or capacity of the child's parent, that the child will be harmed 24 if he or she is returned to the home of the parent. 25 (k) The parent abused the child or a sibling of the child 26 and the abuse included 1 or more of the following: 01907'99 25 1 (i) Abandonment of a young child. 2 (ii) Criminal sexual conduct involving penetration, 3 attempted penetration, or assault with intent to penetrate. 4 (iii) Battering, torture, or other severe physical abuse. 5 (iv) Loss or serious impairment of an organ or limb. 6 (v) Life threatening injury. 7 (vi) Murder or attempted murder. 8 (l) The parent's rights to another child were terminated as 9 a result of proceedings under section 2(b) of this chapter or a 10 similar law of another state. 11 (m) The parent's rights to another child were voluntarily 12 terminated following the initiation of proceedings under section 13 2(b) of this chapter or a similar law of another state. 14 (n) The parent is convicted of 1 or more of the following, 15 and the court determines that termination is in the child's best 16 interests because continuing the parent-child relationship with 17 the parent would be harmful to the child: 18 (i) A violation of section 316, 317, 520b, 520c, 520d, 520e, 19 or 520g of the Michigan penal code, 1931 PA 328, MCL 750.316, 20 750.317, 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g. 21 (ii) A violation of a criminal statute, an element of which 22 is the use of force or the threat of force, and which subjects 23 the parent to sentencing under section 10, 11, or 12 of chapter 24 IX of the code of criminal procedure, 1927 PA 175, MCL 769.10, 25 769.11, and 769.12. 01907'99 26 1 (iii) A federal law or law of another state with provisions 2 substantially similar to a crime or procedure listed or described 3 in subparagraph (i) or (ii). 4 (4) If a petition to terminate the parental rights to a 5 child is filed, the court may enter an order terminating parental 6 rights under subsection (3) at the initial dispositional 7 hearing. If a petition to terminate parental rights to a child 8 is filed, parenting time for a parent who is a subject of the 9 petition is automatically suspended and, except as otherwise pro- 10 vided in this subsection, remains suspended at least until a 11 decision is issued on the termination petition. If a parent 12 whose parenting time is suspended under this subsection estab- 13 lishes, and the court determines, that parenting time will not 14 harm the child, the court may order parenting time in the amount 15 and under the conditions the court determines appropriate. 16 (5) IN MAKING A FINDING UNDER SUBSECTION (3), THE COURT 17 SHALL CONSIDER, ALONG WITH OTHER EVIDENCE, EVIDENCE OF A CRIMINAL 18 CONVICTION, ALCOHOL ABUSE, OR CONTROLLED SUBSTANCE ABUSE. 19 (6)(5)If the court finds that there are grounds for ter- 20 mination of parental rights, the court shall order termination of 21 parental rights and order that additional efforts for reunifica- 22 tion of the child with the parent not be made, unless the court 23 finds that termination of parental rights to the child is clearly 24 not in the child's best interests. 25 (7)(6)As used in this section, "concerned person" means 26 a foster parent with whom the child is living or has lived who 27 has specific knowledge of behavior by the parent constituting 01907'99 27 1 grounds for termination under subsection (3)(b) or (g) and who 2 has contacted the family independence agency, the prosecuting 3 attorney, the child's attorney, and the child's guardian ad 4 litem, if any, and is satisfied that none of these persons intend 5 to file a petition under this section. 6 Enacting section 1. This amendatory act takes effect 7 September 1, 1999. 01907'99 Final page. LTB