CHILD ABUSE PROCEEDINGS - S.B. 516 (S-1): FLOOR ANALYSIS

Senate Bill 516 (Substitute S-1 as reported)

Sponsor: Senator Joel D. Gougeon

Committee: Families, Mental Health and Human Services

CONTENT

The bill would amend the juvenile code to:

-- Require the Family Independence Agency (FIA) to file a petition with the juvenile court if abuse of a child or his or her sibling involved certain types of conduct or if the parent's parental rights to another child had been terminated; and require the FIA also to file a petition for the termination of parental rights under those circumstances unless the court found that a termination petition was not in the child's best interest.

-- Require the court to adhere to prescribed time periods; limit the circumstances under which an abuse or neglect case could be adjourned or continued; and set a deadline for the court's decision on a termination petition.

-- Require the State Court Administrative office to publish an annual report evaluating the achievements of the court in obtaining permanency for children.

-- Require a child's attorney to be present at all hearings, and provide that an appointed attorney could not be discharged until the child was adopted, had a permanent guardian, or was no longer a court ward.

-- Require the FIA to file a supplemental petition with the court if a child were under the court's jurisdiction and the FIA became aware of abuse or neglect, which was substantiated.

-- Provide that grounds for termination of parental rights would include the parent's conviction of a crime whose victim was a child and the nature of which made the parent unfit to associate with children.

MCL 712A.13a et al. - Legislative Analyst: S. Margules

FISCAL IMPACT

Courts. The provision of the bill that would prohibit the court from discharging an attorney until a child was placed in a home or was no longer a State ward could result in increased cost to local units of government. At this time these costs cannot be determined.

The bill also would result in additional administrative costs to the State Court Administrative Office, which would be required to monitor the probate court for compliance with time periods.

Family Independence Agency. The bill appears to have no fiscal impact on the State or local governments.

Date Completed: 5-28-97 - Fiscal Analyst: M. Ortiz

- C. Cole

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This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.