SB 885

SENATE BILL NO. 885
A bill to create a parent and child legal representation
commission and an office of parent and child legal representation; to prescribe
the commission's and office's powers and duties; and to provide for
appropriations.
the people of the state of michigan enact:
Sec. 1. This act may be
cited as the "parent and child legal representation act".
Sec. 2. As used in this
act:
(a) "Commission" means the parent and child legal
representation commission created in section 3.
(b) "Consumer Price Index" means the most
comprehensive index of consumer prices available for the
Detroit-Warren-Dearborn area from the Bureau of Labor Statistics of the United
States Department of Labor.
(c) "Office" means the office of parent and child legal representation created in section 5.
Sec. 3. (1) The parent and
child legal representation commission is created as an autonomous entity in the
department of licensing and regulatory affairs.
(2) The commission must consist of the following members appointed by the governor:
(a) One individual from a list of 3 individuals
submitted by the senate majority leader.
(b) One individual from a list of 3 individuals
submitted by the speaker of the house of representatives.
(c) Two individuals from a list of 4
individuals submitted by the supreme court.
(d) The director of the state budget office or the director's
designated representative.
(e) The director of the department
of health and human services or the director's designated representative.
(f) One individual who is an
attorney licensed to practice law in this state and who has experience working as a prosecuting attorney from
a list of 3 individuals submitted by the Prosecuting
Attorneys Association of Michigan.
(g) One individual recommended
by the Children's Law Section of the State Bar
of Michigan who is an attorney licensed to practice
law in this state and who has experience as a parent attorney.
(h) One individual recommended
by the Children's Law Section of the State Bar of Michigan who is an attorney licensed to practice law in this state and
who has experience as a child's attorney.
(i) One individual recommended by
the Children's Law Section of the State Bar of Michigan who is an attorney
licensed to practice law in this state and who has experience as an appellate
attorney.
(j) One probate court judge
from a list of 3 individuals submitted by the
Michigan Probate Judges Association.
(k) One circuit court judge from
a list of 3 individuals submitted by the
Michigan Judges Association.
(l) One
representative from a list of 3 individuals submitted
by the Michigan Association of Counties.
(m) Two members of the
general public to represent the interests of individuals who have been impacted
by the child welfare system.
(3) The governor shall appoint the first members of the
commission not later than 90 days after the
effective date of this act.
(4) The governor shall appoint 5 of
the first members to 1-year terms, 5 of the
first members to 2-year terms, and 5 of the
first members to 3-year terms. After the first appointments, the term of a
member of the commission is 4 years or until a successor is appointed under
subsection (2).
(5) If a vacancy occurs on the commission, the governor shall
appoint an individual to fill the vacancy for the balance of the term.
(6) The governor may remove a member of the commission for
incompetence, dereliction of duty, malfeasance, misfeasance, or nonfeasance in
office, or any other good cause.
(7) The director of the department of licensing and regulatory
affairs shall call the first meeting of the commission. At the first meeting,
the commission shall elect a member as a chairperson and may elect other
officers that it considers necessary or appropriate. The commission shall meet
at least quarterly, or more frequently at the call of the chairperson or at the
request of the majority of the members.
(8) A majority of the members of the commission constitutes a
quorum for transacting business. A vote in favor by the
majority of the members of the commission serving is required for any
action of the commission.
(9) The commission shall conduct its business in compliance
with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(10) A writing that is prepared, owned, used, possessed, or
retained by the commission in performing an official function is subject to the
freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(11) A member of the commission is not entitled to
compensation for service on the commission, but the commission may reimburse a
member for actual and necessary expenses incurred in serving.
Sec. 4. The commission
shall do all of the following:
(a) Create standards of practice for attorneys eligible for
appointment by the office of parent and child legal
representation. The standards must include, but are not limited to:
(i)
Establishing maximum caseloads to allow for quality representation.
(ii)
Establishing minimum training requirements to improve quality of legal
representation for indigent children and
parents in child welfare cases and appeals.
(iii)
Defining legal representation and nonlegal advocacy tasks that are eligible for
payment by the office.
(iv)
Establishing minimum standards for frequency and format of attempted contact
with clients.
(b) Once the initial proposed standards are generated, the
commission shall invite public comment on the standards and hold a public
hearing to consider public comment.
(c) Standards will only become effective when sufficient
funding is appropriated, as determined by the commission.
(d) Review the standards created under subdivision (a)
periodically. Any proposed revisions to the standards must undergo the public
comment process required for the initial standards and are not effective until
sufficient funding is appropriated.
(e) Establish a system to facilitate the appointment of
counsel for indigent parents and children in child welfare cases that includes
both of the following:
(i)
The opportunity for attorneys, firms, and organizations
to apply for placement on a roster of attorneys eligible for appointment by the office.
(ii)
Incorporate the location of available attorneys and allow flexibility to
accommodate varying needs across court systems.
(f) Establish standards for
determination of indigency that include both of the following:
(i)
That an individual is indigent when they are unable, without substantial
financial hardship to the individual or the individual's dependents, to obtain
competent, qualified legal representation. Factors that the court may consider
include, but are not limited to, income or funds from employment or any other
source, including personal public assistance, to which the respondent is
entitled, property owned by the respondent or in which the individual has an
economic interest, outstanding obligations, the number and ages of the
individual's dependents, employment and job training history, and the
individual's level of education.
(ii) A
rebuttable presumption of substantial financial hardship if the individual is
any of the following:
(A) Receiving personal public
assistance including food assistance program, temporary assistance for needy
families, Medicaid, or disability insurance, resides in public housing, or
earns an income that is less than 140% of the federal poverty guideline.
(B) Under the age of 18.
(C) Currently serving a sentence in
a correctional institution.
(D) Currently receiving residential
treatment in a mental health or substance abuse facility.
(g) Establish a standardized
rate of pay for appointed counsel and a process for payment of counsel that
includes both of the following requirements:
(i)
Local funding units shall continue to contribute their local contribution equal
to the local funding unit's average contribution to legal representation for
child welfare cases over the prior 3 years. The local contribution must be
adjusted annually by the rate of inflation as established by the Consumer Price
Index. Local funding units must not be required to contribute more than the
determined local contribution.
(ii)
A mechanism that allows the commission to
secure additional funding from legislative appropriations.
(h) Establish a process to
provide experts to assist attorneys in their cases. The process must include
receiving, evaluating, and approving requests for expert assistance, connecting
attorneys with necessary experts, and providing funding necessary to retain
expert assistance.
(i) Establish a process to provide
ancillary legal services to clients that might address underlying issues in
their child protective proceeding. The process must include receiving,
evaluating, and approving requests for ancillary legal services, connecting attorneys
with necessary supports, and providing funding necessary to retain ancillary
legal services.
(j) Hire an executive
director for the office. The executive director must be an attorney.
(k) Determine appropriate
staff for the office consistent with annual
appropriations.
(l)
Identify and encourage best practices for delivering effective assistance of
counsel to children and parents in child protective proceedings.
Sec. 5. (1) The office of
parent and child legal representation is created within the department of
licensing and regulatory affairs.
(2) The purpose of the office is to do all of the following:
(a) Implement and oversee the system to facilitate the
appointment of counsel at the trial and appellate
levels for indigent parents and children in child
protective proceedings once established by the commission.
(b) Implement and oversee the process for payment of counsel
once established by the commission.
(c) Implement and oversee the process for providing experts to
assist attorneys in cases once established by the commission.
(d) Implement and oversee the
process for providing ancillary legal services once established by the
commission.
(e) Provide technical
assistance to support compliance with standards and best practices, once
determined by commission.
(f) Establish a process for
routine performance reviews of attorneys on the roster to determine continued
eligibility to serve on the roster. The process must include a mechanism for
receipt and review of complaints related to an
attorney's actions on appointed cases.
(g) As approved by the
commission, collect data regarding child protective legal representation
statewide and provide an annual report to the governor, legislature, and
supreme court.
(3) The office may receive grants
from governmental and nongovernmental sources.
Enacting section 1.
This act takes effect 90 days after the date it is enacted into law.