FOSTER CARE OR ADOPTION: SIBLINGS                                                 H.B. 5521 (H-2):

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

House Bill 5521 (Substitute H-2 as passed by the House)

Sponsor:  Representative Klint Kesto

House Committee:  Judiciary

Senate Committee:  Committee of the Whole

CONTENT

The bill would amend the Foster Care and Adoption Services Act to require a supervising agency to make a reasonable effort to place siblings removed from their home in the same foster care, kinship guardianship, or adoptive placement, or provide for at least monthly sibling visitation or other ongoing contact, unless the supervising agency documented that either of these would be contrary to the safety or well-being of any of the siblings. "Sibling" would mean a child who is related through birth or adoption by at least one common parent, and would include that term as defined by the American Indian or Alaskan Native child's tribal code or custom.

If siblings could not be placed together or not all the siblings were placed in foster care, the supervising agency would have to make reasonable efforts to facilitate at least monthly visitation or other ongoing contact with siblings unless a court determined that visitation or contact would not be beneficial.

If the supervising agency discontinued visitation or ongoing contact because it determined that visitation or contact would be contrary to the safety or well-being of any of the siblings, the agency would have to report its determination to the court for consideration at the next review hearing. 

The bill is tie-barred to Senate Bill 483, and would take effect 90 days after its enactment. (Senate Bill 483 (S-1), as passed by the Senate, would amend the juvenile code to include generally the same provisions as proposed by House Bill 5521 (H-2) regarding sibling placement and visitation.)

MCL 722.952 & 722.954a                                                   Legislative Analyst:  Jeff Mann

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

Date Completed:  5-24-16                                                    Fiscal Analyst:  John Maxwell

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.