HB 6296

HOUSE BILL NO. 6296
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending sections 13a, 18f, 18q, 19, and 19a of
chapter XIIA (MCL 712A.13a, 712A.18f, 712A.18q, 712A.19, and 712A.19a), section
13a as amended by 2022 PA 200, section 18f as amended by 2016 PA 191, section
18q as added by 2012 PA 541, and sections 19 and 19a as amended by 2020 PA 9,
and by adding sections 16b, 18u, and 18v to chapter XIIA.
the people of the state of michigan enact:
CHAPTER XIIA
JURISDICTION, PROCEDURE, AND DISPOSITION INVOLVING MINORS
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 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 may include the child protective services file if
the child has not been removed from the home or the department or contract
agency foster care file as provided 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 an individual who is 18 years of age or older and
who, regardless of the person's individual'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 an individual responsible for the child's health or
welfare.
(iii) Is not the child's parent or a person an individual 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 of age or
older to remain with a particular foster family until the child is 18 years old of age under
standards and requirements established by the 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) "Reasonable efforts" means that the department must in
good faith and with due diligence, consistent with the circumstances and while ensuring
the child's health and safety as the paramount concern, do all of the
following:
(i) Identify and accommodate a child's or
parent's specific physical, medical, educational, financial, cultural, and
psychological needs.
(ii) Identify barriers that do any of the
following:
(A) Prevent the child from remaining in the home.
(B) Prevent reunification of the family after removal.
(C) Prevent finalization of an alternative permanency plan after termination
of parental rights.
(iii) Identify specific services the
department is facilitating to overcome the barriers identified.
(iv) Document the barriers and services provided
at each hearing and in each case service plan required under section 18f of
this chapter.
(k) Reasonable efforts to reunify the family include, but are not
limited to, all of the following:
(i) Conducting a comprehensive assessment of
the circumstances of the family, with a focus on safe reunification as the most
desirable goal. The assessment conducted under this subparagraph must be
provided to the child's parents or guardian, and counsel for the parents.
(ii) Identifying appropriate services and
helping the child's parents overcome barriers, including actively assisting the
child's parents in obtaining appropriate services.
(iii) With parental consent, identifying and
inviting the extended family to participate in providing support and services
to the family and to participate in family team meetings, permanency planning,
and resolution of placement issues.
(iv) Conducting or cause to be conducted a
diligent search for the child's extended family members and contact and consult
with extended family members to provide family structure and support for the
child and the parents.
(v) Offering and employing all available and
culturally appropriate family preservation strategies and facilitating the use
of remedial and rehabilitative services.
(vi) Taking steps to keep siblings together
whenever possible.
(vii) Supporting regular visits with parents
in the most natural setting possible, as well as trial home visits with the
child during any period of removal, consistent with the need to ensure the
health, safety, and welfare of the child.
(viii) Identifying community resources,
including housing, financial, transportation, mental health, substance abuse,
and peer support services, and actively assisting the child's parents or, when
appropriate, the child's extended family in utilizing and accessing the
resources.
(ix) Monitoring progress and participation in
services.
(x) Meeting face-to-face with the child a
minimum of once per week in a home setting.
(xi) Meeting face-to-face with the parents a
minimum of once per week.
(xii) Considering alternative ways to address
the needs of the parents and, when appropriate, the child's extended family if
the optimum services do not exist or are not available.
(l) (j) "Relative" means an individual
who is at least 18 years of age and is either of the following:
(i) Related to the child within the fifth
degree by blood, marriage, or adoption, including the spouse of an individual
related to the child within the fifth degree, even after the marriage has ended
by death or divorce, the parent who shares custody of a half-sibling, and 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.
(ii) Not related to a child within the fifth
degree by blood, marriage, or adoption but who has a strong positive emotional
tie or role in the child's life or the child's parent's life if the child is an
infant, as determined by the department or, if the child is an Indian child, as
determined solely by the Indian child's tribe. As used in this section,
"Indian child" and "Indian child's tribe" mean those terms
as defined in section 3 of chapter XIIB.
(m) (k) "Sex
offenders registration act" means the sex offenders registration act, 1994
PA 295, MCL 28.721 to 28.730.
(n) (l) "Sibling" means a child who is related through
birth or adoption by at least 1 common parent. Sibling includes that term as
defined by an American Indian or Alaskan native child's tribal code or custom.
(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 on 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 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 subsections (5) and (6), 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 individual 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 individual 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 individual committed the abuse.
(c) The court finds
on the record that the presence in the home of the person
individual 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 an individual 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) If a court
finds a parent is required by court order to register under the sex offenders
registration act, the department may, but is not required to, make reasonable
efforts to reunify the child with the parent. The court may order reasonable
efforts to be made by the department.
(7) 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 individual to
be removed or has a legal right to retain possession of the home.
(8) 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, individual, 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 individual 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.
(9) The court may
order placement of the child in foster care if the court finds all of the
following conditions:
(a) Custody of the
child with the parent presents a substantial risk of harm to the child's life,
physical health, or mental well-being.
(b) No provision of
service or other arrangement except removal of the child is reasonably
available to adequately safeguard the child from risk as described in
subdivision (a).
(c) Continuing the
child's residence in the home is contrary to the child's welfare.
(d) Consistent with
the circumstances, reasonable efforts were made to prevent or eliminate the
need for removal of the child.
(e) Conditions of
child custody away from the parent are adequate to safeguard the child's health
and welfare.
(10) 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.
(11) Before or
within 7 days after a child is placed in a relative's home, the 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.
(12) 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.
(13) If a juvenile
is removed from the parent's custody at any time, the court shall permit the
juvenile's parent to have regular and frequent parenting time with the
juvenile. Parenting time between the juvenile and his
or her the juvenile's parent must not be
less than 1 time every 7 days unless the court determines either that exigent
circumstances require less frequent parenting time or that parenting time, even
if supervised, may be harmful to the juvenile's life, physical health, or mental
well-being. If the court determines that parenting time, even if supervised,
may be harmful to the juvenile's life, physical health, or mental well-being,
the court may suspend parenting time until the risk of harm no longer exists.
The court may order the juvenile to have a psychological evaluation or
counseling, or both, to determine the appropriateness and the conditions of
parenting time.
(14) Reasonable
efforts must be made to do the following:
(a) Place siblings
removed from their home in the same foster care, kinship guardianship, or
adoptive placement, unless the supervising agency documents that a joint
placement would be contrary to the safety or well-being of any of the siblings.
(b) In the case of
siblings removed from their home who are not jointly placed, provide for
visitation, at least monthly, or other ongoing interaction between the
siblings, unless the supervising agency documents that visitation, at least
monthly, or other ongoing interaction would be contrary to the safety or
well-being of any of the siblings.
(15) If the
supervising agency documents that visitation or other contact is contrary to
the safety or well-being of any of the siblings and temporarily suspends
visitation or contact, the supervising agency shall report its determination to
the court for consideration at the next review hearing.
(16) If the
supervising agency temporarily suspends visitation or contact, the court shall
review the decision and determine whether sibling visitation or contact will be
beneficial to the siblings. If so, the court shall order sibling visitation or
contact to the extent reasonable.
(17) Upon On 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 is in the juvenile's best interests.
(18) 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 individual 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.individual.
(19) In an order
placing a child in foster care, the court shall include both 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.
(20) Nothing in this This section
is not intended to supersede the placement
preferences for an Indian child under chapter XIIB.
(21) As used in
this section, "abuse" means 1 or more of the following:
(a) Harm or
threatened harm by a person an individual to a juvenile's health or welfare that
occurs through nonaccidental physical or mental injury.
(b) Engaging in
sexual contact or sexual penetration as those terms are 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 that term is defined in section 145c
of the Michigan penal code, 1931 PA 328, MCL 750.145c.
(d) Maltreatment of
a juvenile.
Sec. 16b. (1) The
youth and family justice bureau, in collaboration with the state court
administration and a public university in this state, shall establish the
juvenile justice and child welfare training institute for purposes of creating
a uniform, research-based and legally grounded training program for individuals
who work in the juvenile justice system.
(2) The juvenile justice and child welfare training institute shall do
all of the following:
(a) Maintain
a secure and centralized monitoring system that stores individual staff
training history from date of hire, tracks initial certification and annual
training hour requirements, logs in-person and virtual training completions,
and retains supporting documentation including, but not limited to, attendance
sheets, assessment results, certifications, and trainer credentials.
(b) Enforce standardized documentation protocols across all courts and
facilities ensuring that all training programs follow an approved curriculum
framework, and attendance and completion are validated using uniform tools such
as sign-in sheets, digital attendance tracking, and quizzes.
(c) Submit monthly reports to courts and out-of-home placement providers,
including detention centers.
(d) Support internal and external audits by providing comprehensive and
organized training records and retaining archived training data in compliance
with state and federal record retention laws.
(e) Manage the following records:
(i) Initial
certification records, including all required topics covered at the juvenile
justice and child welfare training institute and the home facility, signed off
by certified trainers.
(ii) Annual training
logs segmented by content areas, delivery method, and completion date.
(iii) Specialized or
refresher certifications, including certifications with expiration dates,
renewal reminders, and recertification tracking.
(iv) Records for
internal trainers, including their qualifications, certifications, and session
history.
(f) Collect training, performance, and outcome data across all juvenile
justice systems by analyzing data to identify trends.
(g) Review national best practices in juvenile justice systems, translate
research into updated training content and protocols, pilot innovative
intervention models and assess their effectiveness, and evaluate the outcomes
of court diversion programs, behavior management systems, and trauma-informed
approaches.
(h) Collaborate with court associations, the judiciary, the department,
and the state court administrative office to review the effectiveness of
current laws, court rules, and facility regulations, use data collected to
inform state-level juvenile justice reform efforts, and recommend changes to
state policy based on the findings.
(i) Produce annual reports for stakeholders and the legislature, host
research roundtables, symposiums, and other professional development meetings,
and develop research briefs and policy recommendations.
(j) Support the youth and family justice bureau and the department in
developing, implementing, and enforcing a comprehensive quality assurance
framework for juvenile justice services across this state.
(3) In addition to the powers and duties described under subsection (2),
the juvenile justice and child welfare training institute shall serve as this
state's official clearinghouse for evidence-based, promising, and emerging
practices in the juvenile justice system by doing all of the following:
(a) Maintaining a searchable digital repository of evidence-based
practices, cultural and promising practices, and innovative, data-supported
local models.
(b) Vetting local and statewide initiatives and developing criteria with
the state court administrative office, department, and court associations for
identifying and validating promising practices in use by courts, facilities,
and providers.
(c) Hosting webinars, workshops, and learning collaboratives to showcase
practices listed in the clearinghouse.
(d) Assisting with fidelity monitoring and outcome tracking to ensure
successful implementation and offer guidance on sustainability, scaling, and
integration into local systems.
Sec. 18f. (1) If, in a proceeding under
section 2(b) of this chapter, an agency advises the court against placing a
child in the custody of the child's parent, guardian, or custodian, the agency
shall report in writing to the court what efforts were made to prevent the
child's removal from his or her the child's home or the efforts made to rectify the conditions that caused the child's removal
from his or her home. reunify the family. The
report shall must include
all of the following:
(a) If services
were provided to the child and his or her the child's parent, guardian, or custodian, the
services, including in-home services, that were provided and identifying reasonable efforts that were made to
reunify the family.
(b) If services
were not provided to the child and his or her the child's parent, guardian, or custodian, the
reasons why services were not provided.
(c) Likely harm to
the child if the child were to be separated from his
or her the child's parent, guardian, or
custodian.
(d) Likely harm to
the child if the child were to be returned to his
or her the child's parent, guardian, or
custodian.
(2) Before the
court enters an order of disposition in a proceeding under section 2(b) of this
chapter, the agency shall prepare a case service plan that shall must be
available to the court and all the parties to the proceeding.
(3) The case
service plan shall must
provide for placing the child in the most family-like setting available
and in as close proximity to the child's parents' home as is consistent with
the child's best interests and special needs. The case service plan shall must include,
but is not limited to, the following:
(a) The type of
home or institution in which the child is to be placed and the reasons for the
selected placement.
(b) Efforts to be
made by the child's parent to enable the child to return to his or her the child's home.
(c) Efforts to be
made by the agency to return the child to his or
her the child's home.
(d) Schedule of
services to be provided to the parent, child, and if the child is to be placed
in foster care, the foster parent, to facilitate the child's return to his or her the child's home
or to facilitate the child's permanent placement.
(e) Except as
otherwise provided in this subdivision, unless parenting time, even if
supervised, would be harmful to the child as determined by the court under
section 13a of this chapter or otherwise, a schedule for regular and frequent
parenting time between the child and his or her the child's parent , which shall that must not
be less than once every 7 days.
(f) Efforts to be
made by the supervising agency to provide frequent in-person visitation or
other ongoing interaction between siblings unless the court determines under
section 13a of this chapter that sibling visitation or contact will not be
beneficial to 1 or more of the siblings.
(g) Conditions that
would limit or preclude placement or parenting time with a parent who is
required by court order to register under the sex offenders registration act.
(4) Before the
court enters an order of disposition, the court shall consider the case service
plan; any written or oral information offered concerning the child from the
child's parent, guardian, custodian, foster parent, child caring institution,
relative with whom the child is placed, lawyer-guardian ad litem, attorney, or
guardian ad litem; and any other evidence offered, including the
appropriateness of parenting time, which information or evidence bears on the
disposition. The order of disposition shall must state whether reasonable efforts have been made
to prevent the child's removal from his or her the child's home or to rectify the conditions that
caused the child's removal from his or her the child's home. The court may order compliance with
all or any part of the case service plan as the court considers necessary.
(5) If a child
continues in placement outside of the child's home, the case service plan shall must be
updated and revised at 90-day intervals as required by the rules promulgated
under 1973 PA 116, MCL 722.111 to 722.128. The agency shall consult with the
foster parents when it the agency updates and revises the case service plan , and shall attach a statement summarizing the
information received from the foster parents to the updated and revised case
service plan. Updated and revised case service plans shall must be
available to the court and all the parties to the proceeding.
proceedings. Within 10 days after
receipt of a written request, the agency shall provide the person individual who
is providing the foster care with the information itemized in section 13a(17)
of this chapter.
(6) To ensure that
the case service plan addresses the child's medical needs in relation to abuse
and neglect, the department shall review a child's case with the child's
attending physician of record during a hospitalization or with the child's
primary care physician, but only if a physician has diagnosed the child's abuse
or neglect as involving 1 or more of the following:
(a) Failure to
thrive.
(b) Munchausen
syndrome by proxy.
(c) Shaken baby
syndrome.
(d) A bone fracture
that is diagnosed as being the result of abuse or neglect.
(e) Drug exposure.
(7) If a child is
placed outside of his or her the child's home and the department is required to
review the child's case with a physician under subsection (6), then in a
judicial proceeding to determine if the child is to be returned to his or her the child's home,
the court must allow the child's attending physician of record during a
hospitalization or the child's primary care physician to testify regarding the
case service plan. The court shall notify each physician of the hearing's time
and place.
Sec. 18q. (1) Not later than 30 days after
a report is filed under section 18p of this chapter, the court shall hold a
hearing to determine if a juvenile is competent to proceed. At the hearing, the
parties may introduce other evidence regarding the juvenile's mental condition
or may submit the matter by written stipulation based on the filed report.
(2) Upon On a finding
by the court that a juvenile is incompetent to proceed and a finding that there
is a substantial probability that the juvenile will remain incompetent to
proceed for the foreseeable future or within the period of the restoration
order, the court shall dismiss with prejudice the charges against the juvenile
and may determine custody of the juvenile.
(3) The qualified
juvenile forensic mental health examiner appointed by the court to determine
the juvenile's mental condition shall be allowed reasonable fees for services
rendered.
(4) The court shall
report to the state court administrator youth and family justice bureau the number of
juveniles found to be incompetent to proceed.
Sec. 18u. (1) The
youth and family justice bureau is established in the department of licensing
and regulatory affairs. The bureau shall exercise its powers, duties, functions
and responsibilities independently of the department of licensing and
regulatory affairs.
(2) Board members of the bureau must consist of 6 family division judges
who regularly preside over juvenile matters and 6 individuals appointed from
the Michigan Association for Family Court Administration from a list submitted
by the supreme court and the Michigan Association for Family Court
Administration. The governor, the speaker of the house of representatives, and
the senate majority leader shall each choose 2 family division judges and 2
members from the Michigan Association for Family Court Administration to be on
the board.
(3) Of the first 12 board member appointees, 2 judges and 2
administrators shall serve for a term of 3 years, 3 judges and 2 administrators
shall serve for a term of 2 years, and 2 judges and 1 administrator shall serve
for a term of 1 year. After serving the initial term as described under this
subsection, the term for all board members is 3 years. Board members may be
reappointed to subsequent full terms but may not be reappointed if the
subsequent term would cause them to serve more than 11 in total years.
(4) The board shall annually appoint 1 of its members as the chairperson
and 1 member as the secretary. The chairperson of the board, with the approval
of the majority of the board members, may appoint and fix the compensation of the
assistants, clerks, and other staff of the bureau as the chairperson considers
necessary to enable the bureau to perform its powers and duties.
(5) The compensation of assistants, clerks, and other staff of the
bureau must be fixed within limitations. The assistants, clerks, and other
staff of the bureau may be eligible to apply for a retirement plan under the
state employees' retirement act, 1943 PA 240, MCL 38.1 to 38.69.
(6) The board members shall meet at least quarterly or more frequently
at the call of the chairperson. Seven members of the board constitute a quorum
at a meeting of the board.
(7) The business that the board may perform must be conducted at a
public meeting of the commission held in compliance with the open meetings act,
1976 PA 267, MCL 15.261 to 15.275.
(8) A writing prepared, owned, used, in the possession of, or retained
by the board in the performance of an official function is subject to the
freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(9) Members of the board shall serve without compensation. However,
members of the board may be reimbursed for their actual and necessary expenses
incurred in the performance of their official duties as members of the board.
Sec. 18v. (1) The
powers and duties of the youth and family justice bureau include, but are not
limited to, all of the following:
(a) Advising the family division of the circuit court on all matters
pertaining to the proper care and maintenance of juveniles under the
jurisdiction of the family division of the circuit court.
(b) Examining the administrative methods and judicial procedure used in the
family division of the circuit court in this state and establishing standards
and making recommendations on the administrative methods and judicial procedures
to the family division of the circuit court.
(c) Examining the personnel practices and employment standards used in
juvenile probation offices in this state and establishing standards and making recommendations
on the personnel practices and employment standards used in juvenile probation
offices to the family division of the circuit court.
(d) Collecting and analyzing data to identify trends and to determine
the effectiveness of programs and practices to ensure the reasonable and
efficient administration of the family division of the circuit court, making recommendations
concerning evidence-based programs and practices to judges, the state court administrative
office, and other appropriate entities, and posting related information on the bureau's
publicly accessible website.
(e) Monitoring detention and residential facilities throughout this state
to ensure compliance with statutory and regulatory requirements.
(f) Providing training and continuing legal education certification for
attorneys, juvenile probation officers, detention staff, service providers, and
child welfare professionals related to all topics covered under this act.
(g) Advising the state court administrative office regarding approval of
forms for use in juvenile matters.
(2) The bureau has the power and duty to make annual grants to political
subdivisions for the development and improvement of probation and child welfare
services for juveniles.
(3) The legislature shall annually appropriate funds necessary for the operation
and expenses of the bureau.
Sec. 19. (1) Subject to section 20 of this chapter, if
a child remains under the court's jurisdiction, a cause may be terminated or an
order may be amended or supplemented, within the authority granted to the court
in section 18 of this chapter, at any time as the court considers necessary and
proper. An amended or supplemented order must be referred to as a
"supplemental order of disposition". If the agency becomes aware of
additional abuse or neglect of a child who is under the court's jurisdiction
and if that abuse or neglect is substantiated as provided in the child
protection law, 1975 PA 238, MCL 722.621 to 722.638, the agency shall file a
supplemental petition with the court.
(2) Except as
provided in subsections (3) and (4), if a child subject to the court's
jurisdiction remains in his or her the child's home, a review hearing must be held not
more than 182 days from the date a petition is filed to give the court
jurisdiction over the child and no not later than every 91 days after that for the first
year that the child is subject to the court's jurisdiction. After the first
year that the child is subject to the court's jurisdiction, a review hearing shall must be held
no not later
than 182 days from the immediately preceding review hearing before the end of
that first year and no not later than every 182 days from each preceding
review hearing after that until the case is dismissed. A review hearing under
this subsection must not be canceled or delayed beyond the number of days
required in this subsection, regardless of whether a petition to terminate
parental rights or another matter is pending. Upon On motion by any party or in the court's discretion,
a review hearing may be accelerated to review any element of the case service
plan prepared according to section 18f of this chapter.
(3) Except as
otherwise provided in subsection (4), if, in a proceeding under section 2(b) of
this chapter, a child is subject to the court's jurisdiction and removed from his or her the child's home,
a review hearing must be held not more than 182 days after the child's removal
from his or her the
child's home and no not later than every 91 days after that for the first
year that the child is subject to the court's jurisdiction. After the first
year that the child has been removed from his or
her the child's home and is subject to
the court's jurisdiction, a review hearing must be held not more than 182 days
from the immediately preceding review hearing before the end of that first year
and no not later
than every 182 days from each preceding review hearing after that until the
case is dismissed. A review hearing under this subsection must not be canceled
or delayed beyond the number of days required in this subsection, regardless of
whether a petition to terminate parental rights or another matter is pending. Upon On motion by
any party or in the court's discretion, a review hearing may be accelerated to
review any element of the case service plan prepared according to section 18f
of this chapter.
(4) If a child is
under the care and supervision of the agency and is either placed with a
relative and the placement is intended to be permanent or is in a permanent
foster family agreement, the court shall hold a review hearing not more than
182 days after the child has been removed from his
or her the child's home and no not later than
every 182 days after that so long as the child is subject to the jurisdiction
of the court, the Michigan children's institute, or other agency. A review
hearing under this subsection must not be canceled or delayed beyond the number
of days required in this subsection, regardless of whether a petition to
terminate parental rights or another matter is pending. Upon On the motion
of any party or at the court's discretion, a review hearing may be accelerated
to review any element of the case service plan.
(5) Written notice
of a review hearing under subsection (2), (3), or (4) must be served on all of
the following:
(a) The agency. The
agency shall advise the child of the hearing if the child is 11 years of age or
older.
(b) The child's
foster parent or custodian.
(c) If the parental
rights to the child have not been terminated, the child's parents.
(d) If the child
has a guardian, the guardian for the child.
(e) If the child
has a guardian ad litem, the guardian ad litem for the child.
(f) A nonparent
adult if the nonparent adult is required to comply with the case service plan.
(g) If tribal
affiliation has been determined, the elected leader of the Indian tribe.
(h) The attorney
for the child, the attorney for each party, and the prosecuting attorney if the
prosecuting attorney has appeared in the case.
(i) If the child is
11 years of age or older, the child.
(j) Other persons
as the court may direct.
(6) At a review
hearing under subsection (2), (3), or (4), the court shall review on the record
all of the following:
(a) Compliance with
the case service plan with respect to services provided or offered to the child
and the child's parent, guardian, custodian, or nonparent adult if the
nonparent adult is required to comply with the case service plan and whether
the parent, guardian, custodian, or nonparent adult if the nonparent adult is
required to comply with the case service plan has complied with and benefited
from those services.
(b) Compliance with
the case service plan with respect to parenting time with the child. If
parenting time did not occur or was infrequent, the court shall determine why
parenting time did not occur or was infrequent.
(c) The extent to
which the parent complied with each provision of the case service plan, prior
court orders, and an agreement between the parent and the agency.
(d) Likely harm to
the child if the child continues to be separated from the child's parent,
guardian, or custodian.
(e) Likely harm to
the child if the child is returned to the child's parent, guardian, or
custodian.
(7) After review of
the case service plan, the court shall determine the extent of progress made
toward alleviating or mitigating the conditions that caused the child to be
placed in foster care or that caused the child to remain in foster care. The
court may modify any part of the case service plan including, but not limited
to, the following:
(a) Prescribing
additional services that are necessary to rectify the conditions that caused
the child to be placed in foster care or to remain in foster care.
(b) Prescribing
additional actions to be taken by the parent, guardian, nonparent adult, or
custodian, to rectify the conditions that caused the child to be placed in
foster care or to remain in foster care.
(8) At a review
hearing under subsection (2), (3), or (4), the court shall determine the
continuing necessity and appropriateness of the child's placement and shall
order the return of the child to the custody of the parent as provided in this
subsection, continue the dispositional order, modify the dispositional order,
or enter a new dispositional order. The court shall order the child returned to
the custody of his or her the child's parent if returning the child to his or her the child's parent
would not cause a substantial risk of harm to the child.
(9) If in a
proceeding under section 2(b) of this chapter a child is placed in foster care,
the court shall determine at the dispositional hearing and each review hearing
whether the cause should be reviewed before the next review hearing required by
subsection (2), (3), or (4). In making this determination, the court shall
consider at least all of the following:
(a) The parent's
ability and motivation to make necessary changes to provide a suitable
environment for the child.
(b) Whether there
is a reasonable likelihood that the child may be returned to his or her the child's home
before the next review hearing required by subsection (2), (3), or (4).
(10) At a review
hearing under this section, the court shall approve or disapprove a qualified
residential treatment program placement as provided in section 13a of 1973 PA
116, MCL 722.123a.
(11) Unless waived,
if not less than 7 days' notice is given to all parties before returning a
child to the child's home, and no party requests a hearing within the 7 days,
the court may issue an order without a hearing permitting the agency to return
the child to the child's home.
(12) An agency
report filed with the court must be accessible to all parties to the action and
must be offered into evidence. The court shall consider any written or oral
information concerning the child from the child's parent, guardian, custodian,
foster parent, child caring institution, relative with whom a child is placed,
attorney, lawyer-guardian ad litem, or guardian ad litem, in addition to any
other evidence, including the appropriateness of parenting time, offered at the
hearing.
(13) Reasonable
efforts to finalize an alternate permanency plan may be made concurrently with
reasonable efforts to reunify the child with the family.
(14) Reasonable
efforts to place a child for adoption or with a legal guardian, including
identifying appropriate in-state or out-of-state options, may be made
concurrently with reasonable efforts to reunify the child and family.
Sec. 19a. (1) Subject to subsection (2),
if a child remains in foster care and parental rights to the child have not
been terminated, the court shall conduct a permanency planning hearing within
12 months after the child was is removed from his or
her the child's home. Subsequent
permanency planning hearings must be held no not later than every 12 months after each preceding
permanency planning hearing during the continuation of foster care. 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, but no not later than 12 months from the removal of the
child from his or her the child's home, from the preceding permanency
planning hearing, or from the number of days required under subsection (2). A
permanency planning hearing shall must not be canceled or delayed beyond the number of
months required by this subsection or days as required under subsection (2),
regardless of whether there is a petition to terminate parental rights pending.
(2) The court shall
conduct a permanency planning hearing within 30 days after there is a judicial
determination that reasonable efforts to reunite reunify the child and family
are not required. Reasonable efforts to reunify the child and family must be made in all cases except
if any of the following apply:
(a) There is a
judicial determination that the parent has subjected the child to aggravated
circumstances as provided in section 18(1) and (2) of the child protection law,
1975 PA 238, MCL 722.638.
(b) The parent has
been convicted of 1 or more of the following:
(i) Murder of another child of the parent.
(ii) Voluntary manslaughter of another child
of the parent.
(iii) Aiding or abetting in the murder of
another child of the parent or voluntary manslaughter of another child of the
parent, the attempted murder of the child or another child of the parent, or
the conspiracy or solicitation to commit the murder of the child or another
child of the parent.
(iv) A felony assault that results in serious
bodily injury to the child or another child of the parent.
(c) The parent has
had rights to the child's siblings involuntarily terminated and the parent has
failed to rectify the conditions that led to that termination of parental
rights.
(d) The parent is
required by court order to register under the sex offenders registration act.
(3) A permanency
planning hearing must be conducted to review the child's status and the
progress being made toward the child's return home or to show why the child
should not be placed in the permanent custody of the court. The court shall
obtain the child's views regarding the permanency plan in a manner that is
appropriate to the child's age. In the case of a child who will not be returned
home, the court shall consider in-state and out-of-state placement options. In
the case of a child placed out-of-state, the court shall determine whether the
out-of-state placement continues to be appropriate and in the child's best
interests. The court shall ensure that the agency is providing appropriate
services to assist a child who will transition from foster care to independent
living.
(4) At or before
each permanency planning hearing, the court shall determine whether the agency
has made reasonable efforts to finalize the permanency plan. At the hearing,
the court shall determine whether and, if applicable, when the following must
occur:
(a) The child may
be returned to the parent, guardian, or legal custodian.
(b) A petition to
terminate parental rights should be filed.
(c) The child may
be placed in a legal guardianship.
(d) The child may
be permanently placed with a fit and willing relative.
(e) The child may
be placed in another planned permanent living arrangement, but only in those
cases where the agency has documented to the court a compelling reason for
determining that it would not be in the best interest of the child to follow 1
of the options listed in subdivisions (a) to (d).
(5) The court shall
determine whether or not the agency, foster
home, or institutional placement has followed the reasonable and prudent
parenting standard that the child has had regular opportunities to engage in
age or developmentally appropriate activities.
(6) Not less than
14 days before a permanency planning hearing, written notice of the hearing and
a statement of the purposes of the hearing, including a notice that the hearing
may result in further proceedings to terminate parental rights, must be served
on all of the following:
(a) The agency. The
agency shall advise the child of the hearing if the child is 11 years of age or
older.
(b) The child's
foster parent or custodian.
(c) If the parental
rights to the child have not been terminated, the child's parents.
(d) If the child
has a guardian, the guardian for the child.
(e) If the child
has a guardian ad litem, the guardian ad litem for the child.
(f) If tribal
affiliation has been determined, the elected leader of the Indian tribe.
(g) The attorney
for the child, the attorneys for each party, and the prosecuting attorney if
the prosecuting attorney has appeared in the case.
(h) If the child is
11 years of age or older, the child.
(i) Other persons
as the court may direct.
(7) If parental
rights to the child have not been terminated and the court determines at a
permanency planning hearing that the return of the child to his or her the child's parent
would not cause a substantial risk of harm to the child's life, physical
health, or mental well-being, the court shall order the child returned to his or her the child's parent.
In determining whether returning the child would cause a substantial risk of
harm to the child, the court shall view the failure of the parent to
substantially comply with the terms and conditions of the case service plan
prepared under section 18f of this chapter as evidence that returning the child
to his or her the
child's parent would cause a substantial risk of harm to the child's
life, physical health, or mental well-being. In addition to considering conduct
of the parent as evidence of substantial risk of harm, the court shall consider
any condition or circumstance of the child that may be evidence that returning
the child to the parent would cause a substantial risk of harm to the child's
life, physical health, or mental well-being.
(8) If the court
determines at a permanency planning hearing that a child should not be returned
to his or her the
child's parent, the court may order the agency to initiate proceedings
to terminate parental rights. Except as otherwise provided in this subsection,
if the child has been in foster care under the responsibility of the this state for
15 of the most recent 22 months, the court shall order the agency to initiate
proceedings to terminate parental rights. The court is not required to order
the agency to initiate proceedings to terminate parental rights if 1 or more of
the following apply:
(a) The child is
being cared for by relatives.
(b) The case
service plan documents a compelling reason for determining that filing a
petition to terminate parental rights would not be in the best interest of the
child. Compelling reasons for not filing a petition to terminate parental
rights include, but are not limited to, all of the following:
(i) Adoption is not the appropriate
permanency goal for the child.
(ii) No grounds to file a petition to
terminate parental rights exist.
(iii) The child is an unaccompanied refugee
minor as defined in 45 CFR 400.111.
(iv) There are international legal
obligations or compelling foreign policy reasons that preclude terminating
parental rights.
(c) The This state has
not provided the child's family, consistent with the time period in the case
service plan, with the services the this state considers necessary for the child's safe
return to his or her the child's home, if reasonable efforts are required.
(9) If the agency
demonstrates under subsection (8) that initiating termination of parental
rights to the child is clearly not in the child's best interests, or the court
does not order the agency to initiate termination of parental rights to the
child under subsection (8), the court shall order 1 or more of the following
alternative placement plans:
(a) If the court
determines that other permanent placement is not possible, the child's
placement in foster care must continue for a limited period to be stated by the
court.
(b) If the court
determines that it is in the child's best interests based on compelling
reasons, the child's placement in foster care may continue on a long-term
basis.
(c) Subject to
subsection (11), if the court determines that it is in the child's best
interests, appoint a guardian for the child, which guardianship may continue
until the child is emancipated.
(10) A guardian
appointed under subsection (9)(c) has all of the powers and duties set forth
under section 5215 of the estates and protected individuals code, 1998 PA 386,
MCL 700.5215.
(11) If a child is
placed in a guardian's or a proposed guardian's home under subsection (9)(c),
the court shall order the department to perform an investigation and file a
written report of the investigation for a review under subsection (12) and the
court shall order the department 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(11) of this chapter. If a home study has been performed within the
immediately preceding 365 days, a copy of that home study must be submitted to
the court.
(12) The court's
jurisdiction over a juvenile under section 2(b) of this chapter must 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.
(13) The court's
jurisdiction over a guardianship created under this section must 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.
(14) In making the
determinations under this section, the court shall consider any written or oral
information concerning the child from the child's parent, guardian, custodian,
foster parent, child caring institution, relative with whom the child is placed,
or guardian ad litem in addition to any other evidence, including the
appropriateness of parenting time, offered at the hearing. If a qualified
residential treatment program placement as provided in section 13a of 1973 PA
116, MCL 722.123a, is presented, the court shall approve or disapprove that
qualified residential treatment program placement.
(15) The court may,
on its own motion or upon on petition from the department or the child's lawyer
guardian ad litem, hold a hearing to determine whether a guardianship appointed
under this section must be revoked.
(16) A guardian may
petition the court for permission to terminate the guardianship. A petition may
include a request for appointment of a successor guardian.
(17) After notice
and hearing on a petition to revoke or permission to terminate the
guardianship, if the court finds by a preponderance of evidence that continuing
the guardianship is not in the child's best interests, the court shall revoke
or terminate the guardianship and appoint a successor guardian or restore
temporary legal custody to the department.