SB-0994, As Passed Senate, December 4, 2014
June 12, 2014, Introduced by Senators JONES and MARLEAU and referred to the Committee on Families, Seniors and Human Services.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
(MCL 710.21 to 712B.41) by adding section 21a to chapter XIIA.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XIIA
Sec. 21a. (1) The court may issue an order reinstating
parental rights if the court has determined that adoption or
guardianship is no longer the child's permanency goal, if 3 years
or more have passed from the date of the termination of parental
rights, and if 1 of the following is true:
(a) The child is at least 14 years of age.
(b) The child is the younger sibling of a child who is at
least 14 years of age for whom reinstatement of parental rights is
being sought.
(2) The department of human services, the MCI, or the child's
lawyer-guardian ad litem may file a petition requesting
reinstatement of parental rights.
(3) The court may request that the agency investigate whether
reinstatement is in the child's best interests.
(4) The court may order parenting time according to section
13a of this chapter pending a hearing on the petition.
(5) If it appears from the petition that the child's former
parent may be fit to have his or her parental rights reinstated and
the child's best interests may be promoted by reinstatement of
parental rights, the court shall hold a hearing. The court shall
cause written notice of the hearing and the petition to be served
on all of the following:
(a) The department of human services.
(b) The MCI superintendent.
(c) The child.
(d) The child's lawyer-guardian ad litem.
(e) The child's foster parent or relative caregiver.
(f) The child's former parent whose parental rights may be
reinstated.
(g) If the child is an Indian child as defined in section 3 of
chapter XIIB, all the persons required to be notified under chapter
XIIB.
(h) Any other person as the court directs.
(6) Before the hearing, the agency shall complete a criminal
background check and perform a central registry clearance check.
The information obtained through these checks shall be submitted to
the court before the hearing concerning the establishment of a
trial period for reinstatement of parental rights.
(7) If the child is committed to the MCI, the MCI shall
provide a recommendation to the court as to whether reinstatement
of parental rights is in the child's best interests.
(8) In a hearing on the petition to reinstate parental rights,
the court shall consider, at a minimum, all of the following:
(a) Whether the parent is fit and has remedied the grounds
that supported termination of his or her parental rights, as
provided in the record of the termination proceedings and the
termination order.
(b) The age and maturity of the child and the child's
preference with regard to reinstatement of parental rights.
(c) Whether reinstatement of parental rights will present a
risk to the child's health, welfare, or safety.
(d) Information found as a part of the agency criminal
background check performed under this section.
(e) Other material changes in circumstances, if any, that may
have occurred since the date of the order terminating parental
rights.
(9) If the court finds by clear and convincing evidence that
reinstatement of parental rights is in the child's best interests,
the court shall remove the child from the commitment of the MCI and
reinstate the parent's parental rights.
(10) If the court finds that a trial period of reinstatement
of parental rights is in the child's best interests, the court may
order a trial period of reinstatement of parental rights that does
not exceed 180 days.
(11) If the court issues an order reinstating parental rights,
the department of human services shall ensure that transition
services are provided for the family as appropriate.
(12) If the court issues an order for a trial period of
reinstatement of parental rights, both of the following apply:
(a) The child shall be conditionally placed in the physical
care of the parent for a period not to exceed 180 days.
(b) During the trial period, the MCI shall do all of the
following:
(i) Retain legal custody of the child, permitting the
department of human services to visit the child in the parent's
home, at school, in a facility, or in any other setting the
department of human services considers necessary and appropriate.
(ii) Develop a permanent plan for reunification and ensure that
transition services are provided to the family, as appropriate.
(iii) At the MCI superintendent's discretion, remove the child
from placement with the former parent at any time if the MCI
superintendent considers that the child's health, welfare, or
safety is at risk or that it is no longer in the child's best
interests for the child to remain with the former parent.
(iv) Notify the court within 3 days if the child has been
removed from placement with the parent without a court order. If
the child has been removed from placement with the parent without a
court order, the court shall order a hearing on the physical
custody of the child within 7 days of the removal.
(13) The court shall review the trial reinstatement period not
less than 1 time every 90 days throughout the trial period.
(14) The agency shall assess the trial reinstatement and
submit a report to the court and all parties before each review
hearing.
(15) The court may terminate the trial reinstatement if the
court finds during the trial period that permanent reinstatement is
not in the child's best interests.
(16) Following the trial reinstatement period, if the court
determines by clear and convincing evidence that permanent
reinstatement is in the child's best interests, the court shall
remove the child from the commitment of the MCI and reinstate the
parent's parental rights.
(17) A final or trial reinstatement order entered under this
section does not modify, vacate, or set aside the order terminating
parental rights. An order reinstating parental rights following
successful completion of the trial period under this section
restores all rights, powers, privileges, immunities, duties, and
obligations of the parent regarding the child, including those
related to custody, control, and support of the child.
(18) As used in this section:
(a) "Agency" means that term as defined in section 13a of this
chapter.
(b) "Sibling" means 1 of 2 or more individuals having in
common 1 or both biological or adoptive parents, where a court has
previously terminated parental rights of 1 or both of those
parents.