JUVENILE CODE: "RELATIVE" & "SIBLING" S.B. 530:
SUMMARY AS ENACTED
Senate Bill 530 (as enacted) PUBLIC ACT 228 of 2015
Sponsor: Senator Judy K. Emmons
Senate Committee: Families, Seniors and Human Services
House Committee: Judiciary
CONTENT
The bill amended the juvenile code to provide that the term "relative" includes a stepparent, ex-stepparent, and parent who shares custody of a half-sibling for the purpose of placement; require notification to those individuals as required in the Foster Care and Adoption Services Act; and add a definition of "sibling".
Under Section 13a of the juvenile code, the Family Division of Circuit Court (family court) may authorize a petition to be filed if a juvenile is found to be within the provisions of Section 2(b) (which gives the court jurisdiction in cases involving neglect or abuse), upon a showing of probable cause that one or more of the allegations in the petition are true. Depending on the circumstances, the court may order the child placed in foster care or in the home of a relative.
Section 13a(1) defines various terms for purposes of that section and other specified sections of the code. One of the defined terms is "relative", which means an individual who is at least 18 years of age and related to the child by blood, marriage, or adoption, as grandparent, great-grandparent, great-great-grandparent, aunt or uncle, sibling, step-sibling, nephew or niece, first cousin or first cousin once removed, and the spouse of any of those individuals, including after the marriage has ended by death or divorce.
The bill specifies that a stepparent, ex-stepparent, or the parent who shares custody of a half-sibling must be considered a relative for the purpose of placement. Notification to the stepparent, ex-stepparent, or the parent who shares custody of a half-sibling is required as described in the Foster Care and Adoption Services Act. (Under that Act, if a child has been placed in a supervising agency's care under the juvenile code, the agency is required to identify, locate, notify, and consult with relatives to determine placement with a fit and appropriate relative who would meet the child's needs. The notification must comply with certain requirements.)
The bill also defines "sibling" as a child who is related through birth or adoption by at least one common parent. "Sibling" includes that term as defined by the American Indian or Alaskan native child's tribal code or custom.
The bill took effect on December 17, 2015.
(The other sections of the juvenile code that use the term "relative", as defined by Section 13a(1), do the following:
-- Allow a new placement with a relative after a child has been placed in foster care, if the change of placement is less than 90 days after the child's removal from the home (Section 13b).
-- Require a court to consider communication concerning a child from various individuals, including a relative with whom the child has been placed, the case service plan, and other evidence, before the court enters an order of disposition (Section 18f).
-- Require a court to hold review hearings if a child is under the care and supervision of an agency and is placed with a relative and the placement is intended to be permanent (Section 19).
-- Specify that a court is not required to order an agency to initiate proceedings to terminate parental rights (under circumstances in which such an order otherwise would be required after a permanency planning hearing) if a child is being care for by relatives (Section 19a).
The term "sibling" is used in Section 13b, which requires an agency, before making a change in foster care placement, to notify the court and provide it with certain information, including whether the change will separate or reunite siblings or affect sibling visitation.
"Sibling" also is used in Section 19b, which provides for the termination of parental rights to a child who remains in foster care after a review hearing or a permanency planning hearing, and includes in the grounds for termination: 1) that the child or a sibling of the child has suffered physical injury or physical or sexual abuse involving the parent or in the parent's home; 2) that parental rights to one or more siblings of the child have been terminated due to serious or chronic neglect or physical or sexual abuse; and 3) that the parent abused the child or a sibling of the child and the abuse included abandonment of a young child, criminal sexual conduct, severe physical abuse, murder, or other specified violations.)
MCL 712A.13a Legislative Analyst: Suzanne Lowe
FISCAL IMPACT
The bill will have no fiscal impact on State or local government.
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.