SENATE BILL NO. 1209 June 11, 1998, Introduced by Senator MILLER and referred to the Committee on Families, Mental Health and Human Services. A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 18 (MCL 722.638), as added by 1997 PA 168. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 18. (1) The department shall submit a petition for 2 authorization by the court under section 2(b) of chapter XIIA of 3 1939 PA 288, MCL 712A.2, if 1 or more of the following apply: 4 (a) The department determines that a parent, guardian, or 5 custodian, or a person who is 18 years of age or older and who 6 resides for any length of time in the child's home, has abused 7 the child or a sibling of the child and the abuse included 1 or 8 more of the following: 9 (i) Abandonment of a young child. 10 (ii) Criminal sexual conduct involving penetration, 11 attempted penetration, or assault with intent to penetrate. 02612'97 ** GWH 2 1 (iii) Battering, torture, or other severe physical abuse. 2 (iv) Loss or serious impairment of an organ or limb. 3 (v) Life threatening injury. 4 (vi) Murder or attempted murder. 5 (b) THE DEPARTMENT DETERMINES THAT THERE IS RISK OF HARM TO 6 THE CHILD AND EITHER OF THE FOLLOWING IS TRUE: 7 (i) The parent's rights to another child were terminated as 8 a result of proceedings under section 2(b) of chapter XIIA of 9 1939 PA 288, MCL 712A.2, or a similar law of another state. 10 (ii)(c)The parent's rights to another child were volun- 11 tarily terminated following the initiation of proceedings under 12 section 2(b) of chapter XIIA of 1939 PA 288, MCL 712A.2, or a 13 similar law of another state. 14 (2) In a petition submitted as required by subsection (1), 15 IF A PARENT IS A SUSPECTED PERPETRATOR OR IS SUSPECTED OF PLACING 16 THE CHILD AT AN UNREASONABLE RISK OF HARM DUE TO THE PARENT'S 17 FAILURE TO TAKE REASONABLE STEPS TO INTERVENE TO ELIMINATE THAT 18 RISK, the family independence agency shall include a request for 19 termination of parental rights at the initial dispositional hear- 20 ing as authorized under section 19b of chapter XIIA of 1939 PA 21 288, MCL 712A.19b. 22 (3) If the department is considering petitioning for termi- 23 nation of parental rights at the initial dispositional hearing as 24 authorized under section 19b of chapter XIIA of 1939 PA 288, MCL 25 712A.19b, even though the facts of the child's case do not 26 require departmental action under subsection (1), the department 27 shall hold a conference among the appropriate agency personnel to 02612'97 ** 3 1 agree upon the course of action. The department shall notify the 2 attorney representing the child of the time and place of the con- 3 ference, and the attorney may attend. If an agreement is not 4 reached at this conference, the department director or the 5 director's designee shall resolve the disagreement after consult- 6 ing the attorneys representing both the department and the 7 child. 02612'97 ** Final page. GWH