August 1, 2007, Introduced by Senators JANSEN, HARDIMAN, JACOBS, KAHN and BIRKHOLZ and referred to the Committee on Families and Human Services.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending section 19c of chapter XIIA (MCL 712A.19c), as amended
by 2004 PA 476.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XIIA
Sec. 19c. (1) Except as provided in section 19(4) and subject
to
subsection (2) (3), if a child remains in placement following
the termination of parental rights to the child, the court shall
conduct a review hearing not more than 91 days after the
termination of parental rights and no later than every 91 days
after that hearing for the first year following termination of
parental rights to the child. If a child remains in a placement for
more than 1 year following termination of parental rights to the
child, a review hearing shall be held no later than 182 days from
the immediately preceding review hearing before the end of the
first year and no later than every 182 days from each preceding
review hearing thereafter until the case is dismissed. A review
hearing under this subsection shall not be canceled or delayed
beyond the number of days required in this subsection, regardless
of whether any other matters are pending. Upon motion by any party
or in the court's discretion, a review hearing may be accelerated
to review any element of the case. The court shall conduct the
first permanency planning hearing within 12 months from the date
that the child was originally removed from the home. Subsequent
permanency planning hearings shall be held within 12 months of the
preceding permanency planning hearing. 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. A permanency planning hearing under
this section shall not be canceled or delayed beyond the number of
months required in this subsection, regardless of whether any other
matters are pending. At a hearing under this section, the court
shall review all of the following:
(a) The appropriateness of the permanency planning goal for
the child.
(b) The appropriateness of the child's placement.
(c) The reasonable efforts being made to place the child for
adoption or in other permanent placement in a timely manner.
(2) Subject to subsection (3), if the court determines that it
is in the child's best interests, the court may appoint a guardian
for the child.
(3) The court shall not appoint a guardian for the child
without the written consent of the MCI superintendent.
(4) If a person believes that the decision to withhold the
consent required in subsection (3) is arbitrary or capricious, the
person may file a motion with the court. A motion under this
subsection shall contain information regarding both of the
following:
(a) The specific steps taken by the person to obtain the
consent required and the results, if any.
(b) The specific reasons why the person believes that the
decision to withhold consent was arbitrary or capricious.
(5) The court shall set a hearing date and provide notice to
the MCI superintendent, the foster parents, the prospective
guardian, the child, and each interested party.
(6) If the court finds by clear and convincing evidence that
the decision to withhold consent was arbitrary or capricious, the
court may approve the guardianship without the consent of the MCI
superintendent.
(7) A guardian appointed under this section has all of the
powers and duties set forth under section 15 of the estates and
protected individuals code, 1998 PA 386, MCL 700.5215.
(8) The court shall review a guardianship for a child not
later than 365 days after the guardian is appointed and may review
a guardianship at any time the court considers necessary.
(9) The court may order the department of human services or a
court employee or agent to conduct an investigation and file a
written report of the investigation for a review under subsection
(8).
(10) (2)
This section applies only to a
child's case in which
parental rights to the child were either terminated as the result
of a proceeding under section 2(b) of this chapter or a similar law
of another state or terminated voluntarily following the initiation
of a proceeding under section 2(b) of this chapter or a similar law
of another state. This section applies as long as the child is
subject to the jurisdiction, control, or supervision of the court
or of the Michigan children's institute or other agency.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 671
of the 94th Legislature is enacted into law.