HB-4737, As Passed House, June 20, 2007
SUBSTITUTE FOR
HOUSE BILL NO. 4737
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending section 13a of chapter XIIA (MCL 712A.13a), as amended
by 2004 PA 475.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XIIA
Sec. 13a. (1) As used in this section and sections 2, 6b, 13b,
17c, 17d, 18f, 19, 19a, 19b, and 19c of this chapter:
(a) "Agency" means a public or private organization,
institution, or facility that is performing the functions under
part D of title IV of the social security act, 42 USC 651 to 655,
656 to 657, 658a to 660, and 663 to 669b, or that is responsible
under court order or contractual arrangement for a juvenile's care
and supervision.
(b) "Agency case file" means the current file from the agency
providing direct services to the child, that can include the child
protective services file if the child has not been removed from the
home
or the family independence agency department or contract
agency
foster care file as defined regulated
under 1973 PA 116, MCL
722.111 to 722.128.
(c) "Attorney" means, if appointed to represent a child in a
proceeding under section 2(b) or (c) of this chapter, an attorney
serving as the child's legal advocate in a traditional attorney-
client relationship with the child, as governed by the Michigan
rules of professional conduct. An attorney defined under this
subdivision owes the same duties of undivided loyalty,
confidentiality, and zealous representation of the child's
expressed wishes as the attorney would to an adult client. For the
purpose of a notice required under these sections, attorney
includes a child's lawyer-guardian ad litem.
(d) "Case service plan" means the plan developed by an agency
and prepared under section 18f of this chapter that includes
services to be provided by and responsibilities and obligations of
the agency and activities, responsibilities, and obligations of the
parent. The case service plan may be referred to using different
names than case service plan including, but not limited to, a
parent/agency agreement or a parent/agency treatment plan and
service agreement.
(e) "Foster care" means care provided to a juvenile in a
foster family home, foster family group home, or child caring
institution licensed or approved under 1973 PA 116, MCL 722.111 to
722.128, or care provided to a juvenile in a relative's home under
a court order.
(f) "Guardian ad litem" means an individual whom the court
appoints to assist the court in determining the child's best
interests. A guardian ad litem does not need to be an attorney.
(g) "Lawyer-guardian ad litem" means an attorney appointed
under section 17c of this chapter. A lawyer-guardian ad litem
represents the child, and has the powers and duties, as set forth
in section 17d of this chapter. The provisions of section 17d of
this chapter also apply to a lawyer-guardian ad litem appointed
under each of the following:
(i) Section 5213 or 5219 of the estates and protected
individuals code, 1998 PA 386, MCL 700.5213 and 700.5219.
(ii) Section 4 of the child custody act of 1970, 1970 PA 91,
MCL 722.24.
(iii) Section 10 of the child protection law, 1975 PA 238, MCL
722.630.
(h) "Nonparent adult" means a person who is 18 years of age or
older and who, regardless of the person's domicile, meets all of
the following criteria in relation to a child over whom the court
takes jurisdiction under this chapter:
(i) Has substantial and regular contact with the child.
(ii) Has a close personal relationship with the child's parent
or with a person responsible for the child's health or welfare.
(iii) Is not the child's parent or a person otherwise related to
the child by blood or affinity to the third degree.
(i) "Permanent foster family agreement" means an agreement for
a child 14 years old or older to remain with a particular foster
family until the child is 18 years old under standards and
requirements
established by the family independence agency
department, which agreement is among all of the following:
(i) The child.
(ii) If the child is a temporary ward, the child's family.
(iii) The foster family.
(iv) The child placing agency responsible for the child's care
in foster care.
(j) "Relative" means an individual who is at least 18 years of
age and related to the child by blood, marriage, or adoption, as
grandparent, great-grandparent, great-great-grandparent, aunt or
uncle, great-aunt or great-uncle, great-great-aunt or great-great-
uncle, sibling, stepsibling, nephew or niece, first cousin or first
cousin once removed, and the spouse of any of the above, even after
the marriage has ended by death or divorce. A child may be placed
with the parent of a man whom the court has found probable cause to
believe is the putative father if there is no man with legally
established rights to the child. A placement with the parent of a
putative father under this subdivision is not to be construed as a
finding of paternity or to confer legal standing on the putative
father.
(2) If a juvenile is alleged to be within the provisions of
section 2(b) of this chapter, the court may authorize a petition to
be filed at the conclusion of the preliminary hearing or inquiry.
The court may authorize the petition upon a showing of probable
cause that 1 or more of the allegations in the petition are true
and fall within the provisions of section 2(b) of this chapter. If
a
petition is before the court because the family independence
agency
department is required to submit the petition under section
17 of the child protection law, 1975 PA 238, MCL 722.637, the court
shall hold a hearing on the petition within 24 hours or on the next
business day after the petition is submitted, at which hearing the
court shall consider at least the matters governed by subsections
(4) and (5).
(3) Except as provided in subsection (5), if a petition under
subsection (2) is authorized, the court may release the juvenile in
the custody of either of the juvenile's parents or the juvenile's
guardian or custodian under reasonable terms and conditions
necessary for either the juvenile's physical health or mental well-
being.
(4) The court may order a parent, guardian, custodian,
nonparent adult, or other person residing in a child's home to
leave the home and, except as the court orders, not to subsequently
return to the home if all of the following take place:
(a) A petition alleging abuse of the child by the parent,
guardian, custodian, nonparent adult, or other person is authorized
under subsection (2).
(b) The court after a hearing finds probable cause to believe
the parent, guardian, custodian, nonparent adult, or other person
committed the abuse.
(c) The court finds on the record that the presence in the
home of the person alleged to have committed the abuse presents a
substantial risk of harm to the child's life, physical health, or
mental well-being.
(5) If a petition alleges abuse by a person described in
subsection (4), regardless of whether the court orders the alleged
abuser to leave the child's home under subsection (4), the court
shall not leave the child in or return the child to the child's
home or place the child with a person not licensed under 1973 PA
116, MCL 722.111 to 722.128, unless the court finds that the
conditions of custody at the placement and with the individual with
whom the child is placed are adequate to safeguard the child from
the risk of harm to the child's life, physical health, or mental
well-being.
(6) In determining whether to enter an order under subsection
(4), the court may consider whether the parent who is to remain in
the juvenile's home is married to the person to be removed or has a
legal right to retain possession of the home.
(7) An order entered under subsection (4) may also contain 1
or more of the following terms or conditions:
(a) The court may require the alleged abusive parent to pay
appropriate support to maintain a suitable home environment for the
juvenile during the duration of the order.
(b) The court may order the alleged abusive person, according
to terms the court may set, to surrender to a local law enforcement
agency any firearms or other potentially dangerous weapons the
alleged abusive person owns, possesses, or uses.
(c) The court may include any reasonable term or condition
necessary for the juvenile's physical or mental well-being or
necessary to protect the juvenile.
(8) If the court orders placement of the juvenile outside the
juvenile's home, the court shall inform the parties of the
following:
(a) That the agency has the responsibility to prepare an
initial services plan within 30 days of the juvenile's placement.
(b) The general elements of an initial services plan as
required by the rules promulgated under 1973 PA 116, MCL 722.111 to
722.128.
(c) That participation in the initial services plan is
voluntary without a court order.
(9) Before or within 7 days after a child is placed in a
relative's
home, the family independence agency department shall
perform a criminal record check and central registry clearance. If
the child is placed in the home of a relative, the court shall
order a home study to be performed and a copy of the home study to
be submitted to the court not more than 30 days after the
placement.
(10) In determining placement of a juvenile pending trial, the
court shall order the juvenile placed in the most family-like
setting available consistent with the juvenile's needs.
(11) If a juvenile is removed from his or her home, the court
shall permit the juvenile's parent to have frequent parenting time
with the juvenile. If parenting time, even if supervised, may be
harmful to the juvenile, the court shall order the child to have a
psychological evaluation or counseling, or both, to determine the
appropriateness and the conditions of parenting time. The court may
suspend parenting time while the psychological evaluation or
counseling is conducted.
(12) Upon the motion of any party, the court shall review
custody and placement orders and initial services plans pending
trial and may modify those orders and plans as the court considers
under this section are in the juvenile's best interests.
(13) The court shall include in an order placing a child in
foster care an order directing the release of information
concerning the child in accordance with this subsection. If a child
is placed in foster care, within 10 days after receipt of a written
request, the agency shall provide the person who is providing the
foster care with copies of all initial, updated, and revised case
service plans and court orders relating to the child and all of the
child's medical, mental health, and education reports, including
reports compiled before the child was placed with that person.
(14) In an order placing a child in foster care, the court
shall
include both all of the following:
(a) An order that the child's parent, guardian, or custodian
provide the supervising agency with the name and address of each of
the child's medical providers.
(b) An order that each of the child's medical providers
release the child's medical records. The order may specify
providers by profession or type of institution.
(c) An order that the child's parent, guardian, or custodian
disclose to the department the names, addresses, and any other
identifying information of the child's relatives. Providing this
information does not guarantee that the child shall be placed with
a relative identified under this subdivision. Information obtained
under this subdivision shall be used to assist in this process of
determining placement for the child as required under section 4a of
the foster care and adoption services act, 1994 PA 203, MCL
722.954a.
(15) As used in this section, "abuse" means 1 or more of the
following:
(a) Harm or threatened harm by a person to a juvenile's health
or welfare that occurs through nonaccidental physical or mental
injury.
(b) Engaging in sexual contact or sexual penetration as
defined in section 520a of the Michigan penal code, 1931 PA 328,
MCL 750.520a, with a juvenile.
(c) Sexual exploitation of a juvenile, which includes, but is
not limited to, allowing, permitting, or encouraging a juvenile to
engage in prostitution or allowing, permitting, encouraging, or
engaging in photographing, filming, or depicting a juvenile engaged
in a listed sexual act as defined in section 145c of the Michigan
penal code, 1931 PA 328, MCL 750.145c.
(d) Maltreatment of a juvenile.