HB-5628, As Passed House, December 8, 2016

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5628

May 3, 2016, Introduced by Reps. Vaupel, McCready, Canfield, Victory, Price, Iden, Crawford, Howell, Tedder, Hooker and McBroom and referred to the Committee on Judiciary.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 136c (MCL 750.136c), as added by 2000 PA 205.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 136c. (1) A person shall not transfer or attempt to

 

transfer the legal or physical custody of an individual to another

 

person for money or other valuable consideration, except as

 

otherwise permitted by law.

 

     (2) A person shall not acquire or attempt to acquire the legal

 

or physical custody of an individual for payment of money or other

 

valuable consideration to another person, except as otherwise

 

permitted by law.

 

     (3) Except as provided in subsection (4), a person shall not

 

do any of the following, whether or not the person receives money

 

or other valuable consideration for doing so:


     (a) Transfer or attempt to transfer the legal or physical

 

custody of a child with the intent to permanently divest a parent

 

of parental responsibility, except by order of a court of competent

 

jurisdiction.

 

     (b) Arrange for or assist in the permanent transfer, adoption,

 

adoptive placement, or any other permanent physical placement of a

 

child, except for the performance of adoption activities under 1973

 

PA 116, MCL 722.111 to 722.128, in the performance of the person's

 

duties.

 

     (c) Assist, aid, abet, or conspire in the commission of an act

 

described in subdivision (a) or (b).

 

     (4) Subsection (3) does not apply to the placement of a child

 

under 1 or more of the following conditions:

 

     (a) With a relative, a child placing agency, or the

 

department.

 

     (b) By a child placing agency or the department.

 

     (c) In accordance with the interstate compact on placement of

 

children, 1984 PA 114, MCL 3.711 to 3.717.

 

     (d) In which the child will be returned in less than 180 days.

 

     (e) With the specific intent that the child will be returned,

 

that the placement benefits the child, and that it is based on the

 

temporary needs of the family, including, but not limited to, 1 or

 

more of the following:

 

     (i) Respite for the child and family.

 

     (ii) A vacation or school-sponsored activity or function.

 

     (iii) A temporary inability of the parent or legal guardian to

 

provide care for the child due to incarceration, military service,

 


medical treatment, or other incapacity of the parent or legal

 

guardian.

 

     (5) (3) A person who violates this section is guilty of a

 

felony punishable by imprisonment for not more than 20 years or a

 

fine of not more than $100,000.00, or both.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.