SB-0893, As Passed Senate, December 9, 2009
October 13, 2009, Introduced by Senators BARCIA, JANSEN, HARDIMAN, GARCIA, VAN WOERKOM, BIRKHOLZ, ALLEN, PAPPAGEORGE, KAHN and GILBERT and referred to the Committee on Families and Human Services.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending section 19c (MCL 712A.19c), as amended by 2008 PA 203.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 19c. (1) Except as provided in section 19(4) of this
chapter and subject to subsection (14), if a child remains in
placement following the termination of parental rights to the
child, the court shall conduct a review hearing not more than 91
days after the termination of parental rights and no later than
every 91 days after that hearing for the first year following
termination of parental rights to the child. If a child remains in
a placement for more than 1 year following termination of parental
rights to the child, a review hearing shall be held no later than
182 days from the immediately preceding review hearing before the
end of the first year and no later than every 182 days from each
preceding review hearing thereafter until the case is dismissed. A
review hearing under this subsection shall not be canceled or
delayed beyond the number of days required in this subsection,
regardless of whether any other matters are pending. Upon motion by
any party or in the court's discretion, a review hearing may be
accelerated to review any element of the case. The court shall
conduct the first permanency planning hearing within 12 months from
the date that the child was originally removed from the home.
Subsequent permanency planning hearings shall be held within 12
months of the preceding permanency planning hearing. If proper
notice for a permanency planning hearing is provided, a permanency
planning hearing may be combined with a review hearing held under
section 19(2) to (4) of this chapter. A permanency planning hearing
under this section shall not be canceled or delayed beyond the
number of months required in this subsection, regardless of whether
any other matters are pending. At a hearing under this section, the
court shall review all of the following:
(a) The appropriateness of the permanency planning goal for
the child.
(b) The appropriateness of the child's placement.
(c) The reasonable efforts being made to place the child for
adoption or in other permanent placement in a timely manner.
(2) Subject to subsection (3), if the court determines that it
is in the child's best interests, the court may appoint a guardian
for the child.
(3) The court shall not appoint a guardian for the child
without the written consent of the MCI superintendent or his or her
designee. The MCI superintendent or his or her designee shall
consult with the child's lawyer guardian ad litem when considering
whether to grant written consent.
(4) If a person believes that the decision to withhold the
consent required in subsection (3) is arbitrary or capricious, the
person may file a motion with the court. A motion under this
subsection shall contain information regarding both of the
following:
(a) The specific steps taken by the person to obtain the
consent required and the results, if any.
(b) The specific reasons why the person believes that the
decision to withhold consent was arbitrary or capricious.
(5) If a motion is filed under subsection (4), the court shall
set a hearing date and provide notice to the MCI superintendent,
the foster parents, the prospective guardian, the child, and the
child's lawyer guardian ad litem.
(6) Subject to subsection (8), if a hearing is held under
subsection (5) and the court finds by clear and convincing evidence
that the decision to withhold consent was arbitrary or capricious,
the court may approve the guardianship without the consent of the
MCI superintendent.
(7) A guardian appointed under this section has all of the
powers and duties set forth under section 15 of the estates and
protected individuals code, 1998 PA 386, MCL 700.5215.
(8) If a child is placed in a guardian's or a proposed
guardian's home under subsection (2) or (6), the court shall order
the department of human services to perform an investigation and
file a written report of the investigation for a review under
subsection (10) and the court shall order the department of human
services to do all of the following:
(a) Perform a criminal record check within 7 days.
(b) Perform a central registry clearance within 7 days.
(c) Perform a home study and file a copy of the home study
with the court within 30 days unless a home study has been
performed within the immediately preceding 365 days, under section
13a(9) of this chapter. If a home study has been performed within
the immediately preceding 365 days, a copy of that home study shall
be submitted to the court.
(9) The court's jurisdiction over a juvenile under section
2(b) of this chapter and the jurisdiction of the Michigan
children's institute under section 3 of 1935 PA 220, MCL 400.203,
shall be terminated after the court appoints a guardian under this
section and conducts a review hearing under section 19 of this
chapter, unless the juvenile is released sooner by the court.
(10) The court's jurisdiction over a guardianship created
under this section shall continue until released by court order.
The court shall review a guardianship created under this section
annually and may conduct additional reviews as the court considers
necessary. The court may order the department or a court employee
to conduct an investigation and file a written report of the
investigation.
(11) The court may, on its own motion or upon petition from
the department of human services or the child's lawyer guardian ad
litem, hold a hearing to determine whether a guardianship appointed
under this section shall be revoked.
(12) A guardian may petition the court for permission to
terminate the guardianship. A petition may include a request for
appointment of a successor guardian.
(13) After notice and hearing on a petition for revocation or
permission to terminate the guardianship, if the court finds by a
preponderance of evidence that continuation of the guardianship is
not in the child's best interests, the court shall revoke or
terminate the guardianship and appoint a successor guardian or
commit the child to the Michigan children's institute under section
3 of 1935 PA 220, MCL 400.203.
(14) This section applies only to a child's case in which
parental rights to the child were either terminated as the result
of a proceeding under section 2(b) of this chapter or a similar law
of another state or terminated voluntarily following the initiation
of a proceeding under section 2(b) of this chapter or a similar law
of another state. This section applies as long as the child is
subject to the jurisdiction, control, or supervision of the court
or of the Michigan children's institute or other agency.