ADOPTION CONSENT: MCI SUPERINTENDENT S.B. 891-893:
ANALYSIS AS REPORTED FROM COMMITTEE
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Senate Bills 891, 892, and 893 (as reported without amendment) (as passed by the Senate)
Sponsor: Senator Mark C. Jansen (S.B. 891)
Senator Bill Hardiman (S.B. 892)
Senator Jim Barcia (S.B. 893)
Committee: Families and Human Services
Date Completed: 11-30-09
RATIONALE
Under Michigan law, when parental rights to a child are involuntarily terminated by the court, or voluntarily relinquished by the parents after child protective proceedings have been initiated, the child becomes a ward of the State and is committed to the Department of Human Services (DHS). At the same time, the superintendent of the Michigan Children's Institute (MCI), within the DHS, becomes the child's legal guardian. The MCI oversees the child's care, custody, and placement, and the MCI superintendent has the authority to make decisions on behalf of the child. Before he or she can be adopted or a guardian can be appointed for the child, the MCI superintendent must give his or her consent.
In 2008, Supreme Court Justice Maura Corrigan and DHS Director Ismael Ahmed invited the 13 counties with the largest adoption dockets to participate in a forum to identify barriers to adoption and suggest solutions. As teams representing these counties met, they identified delay in the MCI superintendent's consent as a common obstacle to adoption. This issue was referred to a Permanency Options Workgroup, which suggested that allowing the superintendent to delegate the authority to consent to other MCI staff, would reduce the backlog and expedite the process, according to the "Adoption Forum I Final Report" of May 2009.
CONTENT
Senate Bill 891 would amend Public Act 220 of 1935 (which governs the Michigan Children's Institute) to authorize the Michigan Children's Institute superintendent or his or her designee to consent to the guardianship of a child committed to the MCI.
Senate Bill 892 would amend the Michigan Adoption Code to permit the designee of an authorized representative of the Department of Human Services to consent to the adoption of a child.
Senate Bill 893 would amend the juvenile code to authorize a designee of the MCI superintendent to grant consent to the appointment of a guardian for a child.
The bills are described in more detail below.
Senate Bill 891
Public Act 220 of 1935 authorizes the MCI superintendent to consent to the adoption, marriage, or emancipation of any child who has been committed to the MCI, according to applicable law. Under the bill, the superintendent's designee would have the same authority. In addition, the superintendent or his or her designee would be authorized to consent to the guardianship of any child committed to the MCI, as provided in Section 19c of the juvenile code (the section that Senate Bill 893 would amend).
A child for whom a guardian was appointed under Section 19c would cease to be a ward of the State.
Senate Bill 892
The Adoption Code requires each parent to give consent to the adoption of a child, unless the rights of the parent have been terminated, the child has been released for the purpose of adoption to a child placing agency or the DHS, or other circumstances exist.
Consent must be given by the authorized representative of the DHS or of a child placing agency to whom the child has been released or permanently committed by an order of the family court.
Under the bill, consent could be given by the authorized representative of the DHS or his or her designee.
Senate Bill 893
Under Section 19c of the juvenile code, if a child remains in placement following the termination of parental rights to the child, the family court must conduct review hearings and permanency planning hearings. The court may appoint a guardian for the child, if it determines that doing so is in the child's best interest. The court may not appoint a guardian without the MCI superintendent's written consent. Under the bill, the court could not appoint a guardian without the written consent of the superintendent or his or her designee.
The code requires the MCI superintendent to consult with the child's lawyer guardian ad litem when considering whether to grant consent. Under the bill, that requirement also would apply to the superintendent's designee.
MCL 400.209 (S.B. 891)
710.43 (S.B. 892)
712A.19c (S.B. 893)
ARGUMENTS
(Please note: The arguments contained in this analysis originate from sources outside the Senate Fiscal Agency. The Senate Fiscal Agency neither supports nor opposes legislation.)
Supporting Argument
The bills would address situations in which parental rights to children have been terminated and adoptive homes are available for them. The MCI receives 2,700 to 2,800 requests for adoption annually, and each of them must be reviewed. Because of the complexity of the adoption process, there are many opportunities for delay before the MCI superintendent even receives an adoption request form, and a backlog in requests can further postpone the finalization of the adoption. Authorizing the superintendent to appoint a designee to give consent could expedite the process and ensure that children joined adoptive families as soon as possible.
Supporting Argument
As part of a package of legislation addressing foster care issues, Public Act 203 of 2008 amended the juvenile code to allow the family court to appoint a guardian for a child who remains in placement after parental rights have been terminated. In some situations, a relative is willing to be a permanent legal guardian, providing a stable and familiar home for the child. Although the juvenile code requires the MCI superintendent to consent to the appointment of a guardian in these cases, the law governing the MCI was not amended. Senate Bill 891 would correct that oversight.
Legislative Analyst: Suzanne Lowe
FISCAL IMPACT
The bills would have no fiscal impact on State or local government.
Fiscal Analyst: David FosdickAnalysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb891-893/0910