February 17, 2009, Introduced by Reps. Meadows, Warren, Gonzales, Johnson, Roberts and Dean and referred to the Committee on Judiciary.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending section 17c of chapter XIIA (MCL 712A.17c), as amended
by 1998 PA 480.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XIIA
Sec. 17c. (1) In a proceeding under section 2(a) or (d) of
this chapter or a proceeding regarding a supplemental petition
alleging a violation of a personal protection order under section
2(h) of this chapter, the court shall advise the child that he or
she has a right to an attorney at each stage of the proceeding.
(2) In a proceeding under section 2(a) or (d) of this chapter,
the
court shall appoint an attorney to represent the child. if
1 or
more
of the following apply:
(a)
The child's parent refuses or fails to appear and
participate
in the proceedings.
(b)
The child's parent is the complainant or victim.
(c)
The child and those responsible for his or her support are
financially
unable to employ an attorney and the child does not
waive
his or her right to an attorney.
(d)
Those responsible for the child's support refuse or
neglect
to employ an attorney for the child and the child does not
waive
his or her right to an attorney.
(e)
The court determines that the best interests of the child
or
the public require appointment.
(3) Except as otherwise provided in this subsection, in a
proceeding under section 2(a) or (d) of this chapter, the child may
waive his or her right to an attorney. The waiver by a child shall
be made in open court, on the record, and shall not be made unless
the court finds on the record that the waiver was voluntarily and
understandingly
made. The child may not waive his or her right to
an
attorney if the child's parent or guardian ad litem objects or
if
the appointment is made under subsection (2)(e).
(4) In a proceeding under section 2(b) or (c) of this chapter,
the court shall advise the respondent at the respondent's first
court appearance of all of the following:
(a) The right to an attorney at each stage of the proceeding.
(b) The right to a court-appointed attorney if the respondent
is financially unable to employ an attorney.
(c) If the respondent is not represented by an attorney, the
right to request and receive a court-appointed attorney at a later
proceeding.
(5) If it appears to the court in a proceeding under section
2(b) or (c) of this chapter that the respondent wants an attorney
and is financially unable to retain an attorney, the court shall
appoint an attorney to represent the respondent.
(6) Except as otherwise provided in this subsection, in a
proceeding under section 2(b) or (c) of this chapter, the
respondent may waive his or her right to an attorney. A respondent
who is a minor may not waive his or her right to an attorney if the
respondent's parent or guardian ad litem objects.
(7) In a proceeding under section 2(b) or (c) of this chapter,
the court shall appoint a lawyer-guardian ad litem to represent the
child. The child shall not waive the assistance of the lawyer-
guardian ad litem. In addition to any other powers and duties, a
lawyer-guardian ad litem's powers and duties include those
prescribed in section 17d.
(8) If an attorney or lawyer-guardian ad litem is appointed
for a party under this act, after a determination of ability to pay
the court may enter an order assessing attorney costs against the
party or the person responsible for that party's support, or
against the money allocated from marriage license fees for family
counseling services under section 3 of 1887 PA 128, MCL 551.103. An
order assessing attorney costs may be enforced through contempt
proceedings.
(9) An attorney or lawyer-guardian ad litem appointed by the
court under this section shall serve until discharged by the court.
If the child's case was petitioned under section 2(b) of this
chapter, the court shall not discharge the lawyer-guardian ad litem
for the child 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, unless the court discharges the lawyer-
guardian ad litem for good cause shown on the record. If the child
remains subject to the jurisdiction, control, or supervision of the
court, or the Michigan children's institute or other agency, the
court shall immediately appoint another lawyer-guardian ad litem to
represent the child.
(10) To assist the court in determining a child's best
interests, the court may appoint a guardian ad litem for a child
involved in a proceeding under this chapter.