March 2, 2006, Introduced by Senators HAMMERSTROM, CROPSEY, JELINEK and HARDIMAN and referred to the Committee on Families and Human Services.
A bill to amend 1975 PA 238, entitled
"Child protection law,"
by amending section 18 (MCL 722.638), as amended by 1998 PA 428.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 18. (1) The department shall submit a petition for
authorization by the court under section 2(b) of chapter XIIA of
the probate code of 1939, 1939 PA 288, MCL 712A.2, if 1 or more of
the following apply:
(a) The department determines that a parent, guardian, or
custodian, or a person who is 18 years of age or older and who
resides for any length of time in the child's home, has abused the
child or a sibling of the child and the abuse included 1 or more of
the following:
(i) Abandonment of a young child.
(ii) Criminal sexual conduct involving penetration, attempted
penetration, or assault with intent to penetrate.
(iii) Battering, torture, or other severe physical abuse.
(iv) Loss or serious impairment of an organ or limb.
(v) Life threatening injury.
(vi) Murder or attempted murder.
(vii) Causing a child to be exposed to or to have contact with
methamphetamine production.
(b) The department determines that there is risk of harm to
the child and either of the following is true:
(i) The parent's rights to another child were terminated as a
result of proceedings under section 2(b) of chapter XIIA of the
probate code of 1939, 1939 PA 288, MCL 712A.2, or a similar law of
another state.
(ii) The parent's rights to another child were voluntarily
terminated following the initiation of proceedings under section
2(b) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL
712A.2, or a similar law of another state.
(2) In a petition submitted as required by subsection (1), if
a parent is a suspected perpetrator or is suspected of placing the
child at an unreasonable risk of harm due to the parent's failure
to take reasonable steps to intervene to eliminate that risk, the
family
independence agency department
shall include a request for
termination of parental rights at the initial dispositional hearing
as authorized under section 19b of chapter XIIA of the probate code
of 1939, 1939 PA 288, MCL 712A.19b.
(3) If the department is considering petitioning for
termination of parental rights at the initial dispositional hearing
as authorized under section 19b of chapter XIIA of the probate code
of 1939, 1939 PA 288, MCL 712A.19b, even though the facts of the
child's case do not require departmental action under subsection
(1), the department shall hold a conference among the appropriate
agency personnel to agree upon the course of action. The department
shall notify the attorney representing the child of the time and
place of the conference, and the attorney may attend. If an
agreement is not reached at this conference, the department
director or the director's designee shall resolve the disagreement
after consulting the attorneys representing both the department and
the child.