SB-0483, As Passed Senate, June 7, 2016

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 483

A bill to amend 1939 PA 288, entitled

"Probate code of 1939,"

by amending sections 24 and 36 of chapter X and sections 13a, 18,

and 18f of chapter XIIA (MCL 710.24, 710.36, 712A.13a, 712A.18, and

712A.18f), section 24 of chapter X as amended by 2014 PA 531,

section 36 of chapter X as amended by 1996 PA 409, section 13a of

chapter XIIA as amended by 2015 PA 228, section 18 of chapter XIIA

as amended by 2011 PA 295, and section 18f of chapter XIIA as

amended by 2012 PA 115.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER X

Sec. 24. (1) Except as otherwise provided in this section, if

a person desires to adopt a child or an adult and to bestow upon

the adoptee his or her family name, or to adopt a child or an adult

without a name change, with the intent to make the adoptee his or

her heir, that person, together with his ~~wife or her husband,~~ or

her spouse, if married, shall file a petition with the court of the

county in which the petitioner resides, where the adoptee is found

or, where the parent's parental rights were terminated or are

pending termination. If both parents' parental rights were

terminated at different times and in different courts, a petition

filed under this section shall be filed in the court of the county

where parental rights were first terminated. If there has been a

temporary placement of the child, the petition for adoption shall

be filed with the court that received the report described in

section 23d(2) of this chapter.

(2) Notwithstanding any other provision in this section, the

court may allow either of the following to occur:

(a) A married individual to adopt an adult without his or her

spouse joining in the petition if all of the interested parties

consent.

(b) A married individual to adopt without his or her spouse

joining in the petition if the failure of the other spouse to join

in the petition or to consent to the adoption is excused by the

court for good cause shown or in the best interest of the child.

(3) In an adoption proceeding in which there is more than 1

applicant, the petition for adoption shall be filed with the court

of the county where the parent's parental rights were terminated or

are pending termination. If both parents' parental rights were

terminated at different times and in different courts, a petition

filed under this section shall be filed in the court of the county

where parental rights were first terminated.

(4) The petition for adoption shall be verified by each

petitioner and shall contain the following information:

(a) The name, date and place of birth, and place of residence

of each petitioner, including the maiden name of the adopting

mother.

(b) Except as otherwise provided in subsection (7), the name,

date and place of birth, and place of residence if known of the

adoptee.

petitioner.

(d) The full name by which the adoptee shall be known after

adoption.

(e) The full description of the property, if any, of the

adoptee.

(f) Unless the rights of the parents have been terminated by a

court of competent jurisdiction or except as otherwise provided in

subsection (7), the names of the parents of the adoptee and the

place of residence of each living parent if known.

(g) Except as otherwise provided in subsection (7), the name

and place of residence of the guardian of the person or estate of

the adoptee, if any has been appointed.

(5) In a direct placement, the petitioner shall attach to the

petition a verified statement certifying that the petitioner has

been informed of the availability of counseling services and

whether the petitioner has received counseling.

(6) Except as otherwise provided in this subsection, in a

direct placement, the petitioner shall attach a copy of a

preplacement assessment of the petitioner completed or updated

within 1 year before the petition is filed with a finding that the

petitioner is suitable to be a parent of an adoptee, copies of all

other preplacement assessments of the petitioner, if any others

have been completed, and a verified statement stating that no

preplacement assessments of the petitioner have been completed

other than those attached to the petition and explaining any

preplacement assessments of the petitioner that have been initiated

but not completed. If the petitioner is seeking review of a

preplacement assessment under section 23f(8) of this chapter, the

petitioner may comply with this subsection by attaching a copy of

that preplacement assessment and a copy of the application for

review, together with copies of all other preplacement assessments

and the verified statement required by this section.

(7) In a direct placement in which the parties have elected

not to exchange identifying information, the information required

by subsection (4)(f) and (g) and the surname and place of residence

of the adoptee required under subsection (4)(b) may be omitted. The

attorney or child placing agency assisting in the adoption shall

file a verified statement containing the omitted information.

Sec. 36. (1) If a child is claimed to be born out of wedlock

and the mother executes or proposes to execute a release or consent

relinquishing her rights to the child or joins in a petition for

adoption filed by her ~~husband,~~ spouse, and the release or consent

of the natural father cannot be obtained, the judge shall hold a

hearing as soon as practical to determine whether the child was

born out of wedlock, to determine the identity of the father, and

to determine or terminate the rights of the father as provided in

this section and sections 37 and 39 of this chapter.

(2) Proof of service of a notice of intent to release or

consent or the putative father's verified acknowledgment of notice

of intent to release or consent shall be filed with the court, if

the notice was given to the putative father. The court shall

request the vital records division of the department ~~of public~~

~~health~~ to send to the court a copy of any notice of intent to claim

paternity of the particular child ~~which~~ that the division has

received.

(3) Notice of the hearing shall be served upon the following:

(a) A putative father who has timely filed a notice of intent

to claim paternity as provided in section 33 or 34 of this chapter.

(b) A putative father who was not served a notice of intent to

release or consent at least 30 days before the expected date of

confinement specified in the notice of intent to release or

consent.

section 34(1) of this chapter with a notice of intent to release or

consent and who the court has reason to believe may be the father

of the child.

(4) The notice of hearing shall inform the putative father

that his failure to appear at the hearing ~~shall constitute~~

constitutes a denial of his interest in custody of the child, which

denial shall result in the court's termination of his rights to the

child.

(5) Proof of service of the notice of hearing required by

subsection (3) shall be filed with the court. A verified

acknowledgment of service by the party to be served is proof of

personal service. Notice of the hearing shall not be required if

the putative father is present at the hearing. A waiver of notice

of hearing by a person entitled to receive it is sufficient.

(6) The court shall receive evidence as to the identity of the

father of the child. Based upon the evidence received, the court

shall enter a finding identifying the father or declaring that the

identity of the father cannot be determined.

(7) If the court finds that the father of the child is a

person who did not receive either a timely notice of intent to

release or consent pursuant to section 34(1) of this chapter or a

notice required ~~pursuant to~~ under subsection (3), and who has

neither waived his right to notice of hearing nor is present at the

hearing, the court shall adjourn further proceedings until that

person is served with a notice of hearing.

CHAPTER XIIA

Sec. 13a. (1) As used in this section and sections 2, 6b, 13b,

17c, 17d, 18f, 19, 19a, 19b, and 19c of this chapter:

(a) "Agency" means a public or private organization,

institution, or facility that is performing the functions under

part D of title IV of the social security act, 42 USC 651 to 669b,

or that is responsible under court order or contractual arrangement

for a juvenile's care and supervision.

(b) "Agency case file" means the current file from the agency

providing direct services to the child, that can include the child

protective services file if the child has not been removed from the

home or the department or contract agency foster care file as

~~defined~~ provided under 1973 PA 116, MCL 722.111 to 722.128.

proceeding under section 2(b) or (c) of this chapter, an attorney

serving as the child's legal advocate in a traditional attorney-

client relationship with the child, as governed by the Michigan

rules of professional conduct. An attorney defined under this

subdivision owes the same duties of undivided loyalty,

confidentiality, and zealous representation of the child's

expressed wishes as the attorney would to an adult client. For the

purpose of a notice required under these sections, attorney

includes a child's lawyer-guardian ad litem.

(d) "Case service plan" means the plan developed by an agency

and prepared under section 18f of this chapter that includes

services to be provided by and responsibilities and obligations of

the agency and activities, responsibilities, and obligations of the

parent. The case service plan may be referred to using different

names than case service plan including, but not limited to, a

parent/agency agreement or a parent/agency treatment plan and

service agreement.

(e) "Foster care" means care provided to a juvenile in a

foster family home, foster family group home, or child caring

institution licensed or approved under 1973 PA 116, MCL 722.111 to

722.128, or care provided to a juvenile in a relative's home under

a court order.

(f) "Guardian ad litem" means an individual whom the court

appoints to assist the court in determining the child's best

interests. A guardian ad litem does not need to be an attorney.

(g) "Lawyer-guardian ad litem" means an attorney appointed

under section 17c of this chapter. A lawyer-guardian ad litem

represents the child, and has the powers and duties, as set forth

in section 17d of this chapter. The provisions of section 17d of

this chapter also apply to a lawyer-guardian ad litem appointed

under each of the following:

(i) Section 5213 or 5219 of the estates and protected

individuals code, 1998 PA 386, MCL 700.5213 and 700.5219.

(ii) Section 4 of the child custody act of 1970, 1970 PA 91,

MCL 722.24.

(iii) Section 10 of the child protection law, 1975 PA 238, MCL

722.630.

(h) "Nonparent adult" means a person who is 18 years of age or

older and who, regardless of the person's domicile, meets all of

the following criteria in relation to a child over whom the court

takes jurisdiction under this chapter:

(i) Has substantial and regular contact with the child.

(ii) Has a close personal relationship with the child's parent

or with a person responsible for the child's health or welfare.

(iii) Is not the child's parent or a person otherwise related

to the child by blood or affinity to the third degree.

(i) "Permanent foster family agreement" means an agreement for

a child 14 years old or older to remain with a particular foster

family until the child is 18 years old under standards and

requirements established by the department, which agreement is

among all of the following:

(i) The child.

(ii) If the child is a temporary ward, the child's family.

(iii) The foster family.

(iv) The child placing agency responsible for the child's care

in foster care.

(j) "Relative" 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, great-aunt or great-uncle, great-great-aunt or great-great-

uncle, sibling, stepsibling, nephew or niece, first cousin or first

cousin once removed, and the spouse of any of the above, even after

the marriage has ended by death or divorce. A stepparent, ex-

stepparent, or the parent who shares custody of a half-sibling

shall 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

section 4a of the foster care and adoption services act, 1994 PA

203, MCL 722.954a. A child may be placed with the parent of a man

whom the court has found probable cause to believe is the putative

father if there is no man with legally established rights to the

child. A placement with the parent of a putative father under this

subdivision is not ~~to be construed as~~ a finding of paternity ~~or to~~

and does not confer legal standing on the putative father.

(k) "Sex offenders registration act" means the sex offenders

registration act, 1994 PA 295, MCL 28.721 to 28.736.

(l) "Sibling" means a child who is related through birth or

adoption by at least 1 common parent. Sibling includes that term as

defined by the American Indian or Alaskan native child's tribal

code or custom.

(2) If a juvenile is alleged to be within the provisions of

section 2(b) of this chapter, the court may authorize a petition to

be filed at the conclusion of the preliminary hearing or inquiry.

The court may authorize the petition upon a showing of probable

cause that 1 or more of the allegations in the petition are true

and fall within the provisions of section 2(b) of this chapter. If

a petition is before the court because the department is required

to submit the petition under section 17 of the child protection

law, 1975 PA 238, MCL 722.637, the court shall hold a hearing on

the petition within 24 hours or on the next business day after the

petition is submitted, at which hearing the court shall consider at

least the matters governed by subsections (4) and (5).

(3) Except as provided in subsections (5) and (6), if a

petition under subsection (2) is authorized, the court may release

the juvenile in the custody of either of the juvenile's parents or

the juvenile's guardian or custodian under reasonable terms and

conditions necessary for either the juvenile's physical health or

mental well-being.

(4) The court may order a parent, guardian, custodian,

nonparent adult, or other person residing in a child's home to

leave the home and, except as the court orders, not to subsequently

return to the home if all of the following take place:

(a) A petition alleging abuse of the child by the parent,

guardian, custodian, nonparent adult, or other person is authorized

under subsection (2).

(b) The court after a hearing finds probable cause to believe

the parent, guardian, custodian, nonparent adult, or other person

committed the abuse.

home of the person alleged to have committed the abuse presents a

substantial risk of harm to the child's life, physical health, or

mental well-being.

(5) If a petition alleges abuse by a person described in

subsection (4), regardless of whether the court orders the alleged

abuser to leave the child's home under subsection (4), the court

shall not leave the child in or return the child to the child's

home or place the child with a person not licensed under 1973 PA

116, MCL 722.111 to 722.128, unless the court finds that the

conditions of custody at the placement and with the individual with

whom the child is placed are adequate to safeguard the child from

the risk of harm to the child's life, physical health, or mental

well-being.

(6) If a court finds a parent is required by court order to

may, but is not required to, make reasonable efforts to reunify the

child with the parent. The court may order reasonable efforts to be

made by the department.

(7) In determining whether to enter an order under subsection

(4), the court may consider whether the parent who is to remain in

the juvenile's home is married to the person to be removed or has a

legal right to retain possession of the home.

(8) An order entered under subsection (4) may also contain 1

or more of the following terms or conditions:

(a) The court may require the alleged abusive parent to pay

appropriate support to maintain a suitable home environment for the

juvenile during the duration of the order.

(b) The court may order the alleged abusive person, according

to terms the court may set, to surrender to a local law enforcement

agency any firearms or other potentially dangerous weapons the

alleged abusive person owns, possesses, or uses.

necessary for the juvenile's physical or mental well-being or

necessary to protect the juvenile.

(9) The court may order placement of the child in foster care

if the court finds all of the following conditions:

(a) Custody of the child with the parent presents a

substantial risk of harm to the child's life, physical health, or

mental well-being.

(b) No provision of service or other arrangement except

removal of the child is reasonably available to adequately

safeguard the child from risk as described in subdivision (a).

to the child's welfare.

(d) Consistent with the circumstances, reasonable efforts were

made to prevent or eliminate the need for removal of the child.

(e) Conditions of child custody away from the parent are

adequate to safeguard the child's health and welfare.

(10) If the court orders placement of the juvenile outside the

juvenile's home, the court shall inform the parties of the

following:

(a) That the agency has the responsibility to prepare an

initial services plan within 30 days of the juvenile's placement.

(b) The general elements of an initial services plan as

required by the rules promulgated under 1973 PA 116, MCL 722.111 to

722.128.

voluntary without a court order.

(11) Before or within 7 days after a child is placed in a

relative's home, the department shall perform a criminal record

check and central registry clearance. If the child is placed in the

home of a relative, the court shall order a home study to be

performed and a copy of the home study to be submitted to the court

not more than 30 days after the placement.

(12) In determining placement of a juvenile pending trial, the

court shall order the juvenile placed in the most family-like

setting available consistent with the juvenile's needs.

(13) If a juvenile is removed from ~~his or her home,~~ the

parent's custody at any time, the court shall permit the juvenile's

parent to have regular and frequent parenting time with the

juvenile. ~~If parenting time, even if supervised, may be harmful to~~

~~the juvenile, the~~ Parenting time between the juvenile and his or

her parent shall not be less than 1 time every 7 days unless the

court determines either that exigent circumstances require less

frequent parenting time or that parenting time, even if supervised,

may be harmful to the juvenile's life, physical health, or mental

well-being. If the court determines that parenting time, even if

supervised, may be harmful to the juvenile's life, physical health,

or mental well-being, the court may suspend parenting time until

the risk of harm no longer exists. The court ~~shall~~ may order the

~~child~~ juvenile to have a psychological evaluation or counseling, or

both, to determine the appropriateness and the conditions of

parenting time. ~~The court may suspend parenting time while the~~

~~psychological evaluation or counseling is conducted.~~

(14) Reasonable efforts shall be made to do the following:

(a) Place siblings removed from their home in the same foster

care, kinship guardianship, or adoptive placement, unless the

supervising agency documents that a joint placement would be

contrary to the safety or well-being of any of the siblings.

(b) In the case of siblings removed from their home who are

not jointly placed, provide for visitation, at least monthly, or

other ongoing interaction between the siblings, unless the

supervising agency documents that visitation, at least monthly, or

other ongoing interaction would be contrary to the safety or well-

being of any of the siblings.

(15) If the supervising agency documents that visitation or

other contact is contrary to the safety or well-being of any of the

siblings and temporarily suspends visitation or contact, the

supervising agency shall report its determination to the court for

consideration at the next review hearing.

(16) If the supervising agency temporarily suspends visitation

or contact, the court shall review the decision and determine

whether sibling visitation or contact will be beneficial to the

siblings. If so, the court shall order sibling visitation or

contact to the extent reasonable.

(17) ~~(14)~~ Upon the motion of any party, the court shall review

custody and placement orders and initial services plans pending

trial and may modify those orders and plans as the court considers

under this section are in the juvenile's best interests.

(18) ~~(15)~~ The court shall include in an order placing a child

in foster care an order directing the release of information

concerning the child in accordance with this subsection. If a child

is placed in foster care, within 10 days after receipt of a written

request, the agency shall provide the person who is providing the

foster care with copies of all initial, updated, and revised case

service plans and court orders relating to the child and all of the

child's medical, mental health, and education reports, including

reports compiled before the child was placed with that person.

(19) ~~(16)~~ In an order placing a child in foster care, the

court shall include both of the following:

(a) An order that the child's parent, guardian, or custodian

provide the supervising agency with the name and address of each of

the child's medical providers.

(b) An order that each of the child's medical providers

release the child's medical records. The order may specify

providers by profession or type of institution.

(20) ~~(17)~~ As used in this section, "abuse" means 1 or more of

the following:

(a) Harm or threatened harm by a person to a juvenile's health

or welfare that occurs through nonaccidental physical or mental

injury.

(b) Engaging in sexual contact or sexual penetration as

defined in section 520a of the Michigan penal code, 1931 PA 328,

MCL 750.520a, with a juvenile.

not limited to, allowing, permitting, or encouraging a juvenile to

engage in prostitution or allowing, permitting, encouraging, or

engaging in photographing, filming, or depicting a juvenile engaged

in a listed sexual act as defined in section 145c of the Michigan

penal code, 1931 PA 328, MCL 750.145c.

(d) Maltreatment of a juvenile.

Sec. 18. (1) If the court finds that a juvenile concerning

whom a petition is filed is not within this chapter, the court

shall enter an order dismissing the petition. Except as otherwise

provided in subsection (10), if the court finds that a juvenile is

within this chapter, the court may enter any of the following

orders of disposition that are appropriate for the welfare of the

juvenile and society in view of the facts proven and ascertained:

(a) Warn the juvenile or the juvenile's parents, guardian, or

custodian and, except as provided in subsection (7), dismiss the

petition.

(b) Place the juvenile on probation, or under supervision in

the juvenile's own home or in the home of an adult who is related

to the juvenile. As used in this subdivision, "related" means an

individual who is not less than 18 years of age and related to the

child by blood, marriage, or adoption, as grandparent, great-

grandparent, great-great-grandparent, aunt or uncle, great-aunt or

great-uncle, great-great-aunt or great-great-uncle, sibling,

stepsibling, nephew or niece, first cousin or first cousin once

removed, and the spouse of any of the above, even after the

marriage has ended by death or divorce. A child may be placed with

the parent of a man whom the court has found probable cause to

believe is the putative father if there is no man with legally

established rights to the child. This placement of the child with

the parent of a man whom the court has found probable cause to

believe is the putative father is for the purposes of placement

only and is not to be construed as a finding of paternity or to

confer legal standing. The court shall order the terms and

conditions of probation or supervision, including reasonable rules

for the conduct of the parents, guardian, or custodian, if any, as

the court determines necessary for the physical, mental, or moral

well-being and behavior of the juvenile. The court may order that

the juvenile participate in a juvenile drug treatment court under

chapter 10A of the revised judicature act of 1961, 1961 PA 236, MCL

600.1060 to 600.1084. The court also shall order, as a condition of

probation or supervision, that the juvenile shall pay the minimum

state cost prescribed by section 18m of this chapter.

section 2(a) of this chapter, or under section 2(h) of this chapter

for a supplemental petition, place the juvenile in a suitable

foster care home subject to the court's supervision. If a juvenile

is within the court's jurisdiction under section 2(b) of this

chapter, the court shall not place a juvenile in a foster care home

subject to the court's supervision.

(d) Except as otherwise provided in this subdivision, place

the juvenile in or commit the juvenile to a private institution or

agency approved or licensed by the ~~department of consumer and~~

~~industry services~~ department's division of child welfare licensing

for the care of juveniles of similar age, sex, and characteristics.

If the juvenile is not a ward of the court, the court shall commit

the juvenile to the ~~family independence agency~~ department or, if

the county is a county juvenile agency, to that county juvenile

agency for placement in or commitment to ~~such~~ an institution or

agency as the department ~~of human services~~ or county juvenile

agency determines is most appropriate, subject to any initial level

of placement the court designates.

(e) Except as otherwise provided in this subdivision, commit

the juvenile to a public institution, county facility, institution

operated as an agency of the court or county, or agency authorized

by law to receive juveniles of similar age, sex, and

characteristics. If the juvenile is not a ward of the court, the

court shall commit the juvenile to the department ~~of human services~~

or, if the county is a county juvenile agency, to that county

juvenile agency for placement in or commitment to ~~such~~ an

institution or facility as the department ~~of human services~~ or

county juvenile agency determines is most appropriate, subject to

any initial level of placement the court designates. If a child is

not less than 17 years of age and is in violation of a personal

protection order, the court may commit the child to a county jail

within the adult prisoner population. In a placement under

subdivision (d) or a commitment under this subdivision, except to a

state institution or a county juvenile agency institution, the

juvenile's religious affiliation shall be protected by placement or

commitment to a private child-placing or child-caring agency or

institution, if available. Except for commitment to the department

~~of human services~~ or a county juvenile agency, an order of

commitment under this subdivision to a state institution or agency

described in the youth rehabilitation services act, 1974 PA 150,

MCL 803.301 to 803.309, or in 1935 PA 220, MCL 400.201 to 400.214,

the court shall name the superintendent of the institution to which

the juvenile is committed as a special guardian to receive benefits

due the juvenile from the government of the United States. An order

of commitment under this subdivision to the department ~~of human~~

~~services~~ or a county juvenile agency shall name that agency as a

special guardian to receive those benefits. The benefits received

by the special guardian shall be used to the extent necessary to

pay for the portions of the cost of care in the institution or

facility that the parent or parents are found unable to pay.

(f) Provide the juvenile with medical, dental, surgical, or

other health care, in a local hospital if available, or elsewhere,

maintaining as much as possible a local physician-patient

relationship, and with clothing and other incidental items the

court determines are necessary.

(g) Order the parents, guardian, custodian, or any other

person to refrain from continuing conduct that the court determines

has caused or tended to cause the juvenile to come within or to

remain under this chapter or that obstructs placement or commitment

of the juvenile by an order under this section.

(h) Appoint a guardian under section 5204 of the estates and

protected individuals code, 1998 PA 386, MCL 700.5204, in response

to a petition filed with the court by a person interested in the

juvenile's welfare. If the court appoints a guardian as authorized

by this subdivision, it may dismiss the petition under this

chapter.

(i) Order the juvenile to engage in community service.

(j) If the court finds that a juvenile has violated a

municipal ordinance or a state or federal law, order the juvenile

to pay a civil fine in the amount of the civil or penal fine

provided by the ordinance or law. Money collected from fines levied

under this subsection shall be distributed as provided in section

29 of this chapter.

(k) If a juvenile is within the court's jurisdiction under

section 2(a)(1) of this chapter, order the juvenile's parent or

guardian to personally participate in treatment reasonably

available in the parent's or guardian's location.

(l) If a juvenile is within the court's jurisdiction under

section 2(a)(1) of this chapter, place the juvenile in and order

the juvenile to complete satisfactorily a program of training in a

juvenile boot camp established by the department ~~of human services~~

under the juvenile boot camp act, 1996 PA 263, MCL 400.1301 to

400.1309, as provided in that act. If the county is a county

juvenile agency, ~~however,~~ the court shall commit the juvenile to

that county juvenile agency for placement in the program under that

act. Upon receiving a report of satisfactory completion of the

program from the department, ~~of human services,~~ the court shall

authorize the juvenile's release from placement in the juvenile

boot camp. Following satisfactory completion of the juvenile boot

camp program, the juvenile shall complete an additional period of

not less than 120 days or more than 180 days of intensive

supervised community reintegration in the juvenile's local

community. To place or commit a juvenile under this subdivision,

the court shall determine all of the following:

(i) Placement in a juvenile boot camp will benefit the

juvenile.

(ii) The juvenile is physically able to participate in the

program.

(iii) The juvenile does not appear to have any mental handicap

that would prevent participation in the program.

(iv) The juvenile will not be a danger to other juveniles in

the boot camp.

(v) There is an opening in a juvenile boot camp program.

(vi) If the court must commit the juvenile to a county

juvenile agency, the county juvenile agency is able to place the

juvenile in a juvenile boot camp program.

(m) If the court entered a judgment of conviction under

section 2d of this chapter, enter any disposition under this

section or, if the court determines that the best interests of the

public would be served, impose any sentence upon the juvenile that

could be imposed upon an adult convicted of the offense for which

the juvenile was convicted. If the juvenile is convicted of a

violation or conspiracy to commit a violation of section

7403(2)(a)(i) of the public health code, 1978 PA 368, MCL 333.7403,

the court may impose the alternative sentence permitted under that

section if the court determines that the best interests of the

public would be served. The court may delay imposing a sentence of

imprisonment under this subdivision for a period not longer than

the period during which the court has jurisdiction over the

juvenile under this chapter by entering an order of disposition

delaying imposition of sentence and placing the juvenile on

probation upon the terms and conditions it considers appropriate,

including any disposition under this section. If the court delays

imposing sentence under this section, section 18i of this chapter

applies. If the court imposes sentence, it shall enter a judgment

of sentence. If the court imposes a sentence of imprisonment, the

juvenile shall receive credit against the sentence for time served

before sentencing. In determining whether to enter an order of

disposition or impose a sentence under this subdivision, the court

shall consider all of the following factors, giving greater weight

to the seriousness of the offense and the juvenile's prior record:

(i) The seriousness of the offense in terms of community

protection, including, but not limited to, the existence of any

aggravating factors recognized by the sentencing guidelines, the

use of a firearm or other dangerous weapon, and the impact on any

victim.

(ii) The juvenile's culpability in committing the offense,

including, but not limited to, the level of the juvenile's

participation in planning and carrying out the offense and the

existence of any aggravating or mitigating factors recognized by

the sentencing guidelines.

(iii) The juvenile's prior record of delinquency including,

but not limited to, any record of detention, any police record, any

school record, or any other evidence indicating prior delinquent

behavior.

(iv) The juvenile's programming history, including, but not

limited to, the juvenile's past willingness to participate

meaningfully in available programming.

(v) The adequacy of the punishment or programming available in

the juvenile justice system.

(vi) The dispositional options available for the juvenile.

(n) In a proceeding under section 2(b) or (c) of this chapter,

if a juvenile is removed from the parent's custody at any time, the

court shall permit the juvenile's parent to have regular and

frequent parenting time with the juvenile. Parenting time between

the juvenile and his or her parent shall not be less than 1 time

every 7 days unless the court determines either that exigent

circumstances require less frequent parenting time or that

parenting time, even if supervised, may be harmful to the

juvenile's life, physical health, or mental well-being. If the

court determines that parenting time, even if supervised, may be

harmful to the juvenile's life, physical health, or mental well-

being, the court may suspend parenting time until the risk of harm

no longer exists. The court may order the juvenile to have a

psychological evaluation or counseling, or both, to determine the

appropriateness and the conditions of parenting time.

(2) An order of disposition placing a juvenile in or

committing a juvenile to care outside of the juvenile's own home

and under state, county juvenile agency, or court supervision shall

contain a provision for reimbursement by the juvenile, parent,

guardian, or custodian to the court for the cost of care or

service. The order shall be reasonable, taking into account both

the income and resources of the juvenile, parent, guardian, or

custodian. The amount may be based upon the guidelines and model

schedule created under subsection (6). If the juvenile is receiving

an adoption support subsidy under sections 115f to 115m of the

social welfare act, 1939 PA 280, MCL 400.115f to 400.115m, the

amount shall not exceed the amount of the support subsidy. The

reimbursement provision applies during the entire period the

juvenile remains in care outside of the juvenile's own home and

under state, county juvenile agency, or court supervision, unless

the juvenile is in the permanent custody of the court. The court

shall provide for the collection of all amounts ordered to be

reimbursed and the money collected shall be accounted for and

reported to the county board of commissioners. Collections to cover

delinquent accounts or to pay the balance due on reimbursement

orders may be made after a juvenile is released or discharged from

care outside the juvenile's own home and under state, county

juvenile agency, or court supervision. Twenty-five percent of all

amounts collected under an order entered under this subsection

shall be credited to the appropriate fund of the county to offset

the administrative cost of collections. The balance of all amounts

collected under an order entered under this subsection shall be

divided in the same ratio in which the county, state, and federal

government participate in the cost of care outside the juvenile's

own home and under state, county juvenile agency, or court

supervision. The court may also collect from the government of the

United States benefits paid for the cost of care of a court ward.

Money collected for juveniles placed by the court with or committed

to the department ~~of human services~~ or a county juvenile agency

shall be accounted for and reported on an individual juvenile

basis. In cases of delinquent accounts, the court may also enter an

order to intercept state or federal tax refunds of a juvenile,

parent, guardian, or custodian and initiate the necessary offset

proceedings in order to recover the cost of care or service. The

court shall send to the person who is the subject of the intercept

order advance written notice of the proposed offset. The notice

shall include notice of the opportunity to contest the offset on

the grounds that the intercept is not proper because of a mistake

of fact concerning the amount of the delinquency or the identity of

the person subject to the order. The court shall provide for the

prompt reimbursement of an amount withheld in error or an amount

found to exceed the delinquent amount.

(3) An order of disposition placing a juvenile in the

juvenile's own home under subsection (1)(b) may contain a provision

for reimbursement by the juvenile, parent, guardian, or custodian

to the court for the cost of service. If an order is entered under

this subsection, an amount due shall be determined and treated in

the same manner provided for an order entered under subsection (2).

(4) An order directed to a parent or a person other than the

juvenile is not effective and binding on the parent or other person

unless opportunity for hearing is given by issuance of summons or

notice as provided in sections 12 and 13 of this chapter and until

a copy of the order, bearing the seal of the court, is served on

the parent or other person as provided in section 13 of this

chapter.

(5) If the court appoints an attorney to represent a juvenile,

parent, guardian, or custodian, the court may require in an order

entered under this section that the juvenile, parent, guardian, or

custodian reimburse the court for attorney fees.

(6) The office of the state court administrator, under the

supervision and direction of the supreme court, shall create

guidelines that the court may use in determining the ability of the

juvenile, parent, guardian, or custodian to pay for care and any

costs of service ordered under subsection (2) or (3). The

guidelines shall take into account both the income and resources of

the juvenile, parent, guardian, or custodian.

(7) If the court finds that a juvenile comes under section 30

of this chapter, the court shall order the juvenile or the

juvenile's parent to pay restitution as provided in sections 30 and

31 of this chapter and in sections 44 and 45 of the crime victim's

rights act, 1985 PA 87, MCL 780.794 and 780.795.

(8) If the court imposes restitution as a condition of

probation, the court shall require the juvenile to do either of the

following as an additional condition of probation:

(a) Engage in community service or, with the victim's consent,

perform services for the victim.

(b) Seek and maintain paid employment and pay restitution to

the victim from the earnings of that employment.

(9) If the court finds that the juvenile is in intentional

default of the payment of restitution, a court may, as provided in

section 31 of this chapter, revoke or alter the terms and

conditions of probation for nonpayment of restitution. If a

juvenile who is ordered to engage in community service

intentionally refuses to perform the required community service,

the court may revoke or alter the terms and conditions of

probation.

(10) The court shall not enter an order of disposition for a

juvenile offense as defined in section 1a of 1925 PA 289, MCL

28.241a, or a judgment of sentence for a conviction until the court

has examined the court file and has determined that the juvenile's

fingerprints have been taken and forwarded as required by section 3

of 1925 PA 289, MCL 28.243, and as required by the sex offenders

registration act, 1994 PA 295, MCL 28.721 to 28.736. If a juvenile

has not had his or her fingerprints taken, the court shall do

either of the following:

(a) Order the juvenile to submit himself or herself to the

police agency that arrested or obtained the warrant for the

juvenile's arrest so the juvenile's fingerprints can be taken and

forwarded.

(b) Order the juvenile committed to the sheriff's custody for

taking and forwarding the juvenile's fingerprints.

(11) Upon final disposition, conviction, acquittal, or

dismissal of an offense within the court's jurisdiction under

section 2(a)(1) of this chapter, using forms approved by the state

court administrator, the clerk of the court entering the final

disposition, conviction, acquittal, or dismissal shall immediately

advise the department of state police of that final disposition,

conviction, acquittal, or dismissal as required by section 3 of

1925 PA 289, MCL 28.243. The report to the department of state

police shall include information as to the finding of the judge or

jury and a summary of the disposition or sentence imposed.

(12) If the court enters an order of disposition based on an

act that is a juvenile offense as defined in section 1 of 1989 PA

196, MCL 780.901, the court shall order the juvenile to pay the

assessment as provided in that act. If the court enters a judgment

of conviction under section 2d of this chapter for an offense that

is a felony, misdemeanor, or ordinance violation, the court shall

order the juvenile to pay the assessment as provided in that act.

(13) If the court has entered an order of disposition or a

judgment of conviction for a listed offense as defined in section 2

of the sex offenders registration act, 1994 PA 295, MCL 28.722, the

court, the department, ~~of human services,~~ or the county juvenile

agency shall register the juvenile or accept the juvenile's

registration as provided in the sex offenders registration act,

1994 PA 295, MCL 28.721 to 28.736.

(14) If the court enters an order of disposition placing a

juvenile in a juvenile boot camp program, or committing a juvenile

to a county juvenile agency for placement in a juvenile boot camp

program, and the court receives from the department ~~of human~~

~~services~~ a report that the juvenile has failed to perform

satisfactorily in the program, that the juvenile does not meet the

program's requirements or is medically unable to participate in the

program for more than 25 days, that there is no opening in a

juvenile boot camp program, or that the county juvenile agency is

unable to place the juvenile in a juvenile boot camp program, the

court shall release the juvenile from placement or commitment and

enter an alternative order of disposition. A juvenile shall not be

placed in a juvenile boot camp under an order of disposition more

than once, except that a juvenile returned to the court for a

medical condition, because there was no opening in a juvenile boot

camp program, or because the county juvenile agency was unable to

place the juvenile in a juvenile boot camp program may be placed

again in the juvenile boot camp program after the medical condition

is corrected, an opening becomes available, or the county juvenile

agency is able to place the juvenile.

(15) If the juvenile is within the court's jurisdiction under

section 2(a)(1) of this chapter for an offense other than a listed

offense as defined in section 2 of the sex offenders registration

act, 1994 PA 295, MCL 28.722, the court shall determine if the

offense is a violation of a law of this state or a local ordinance

of a municipality of this state that by its nature constitutes a

sexual offense against an individual who is less than 18 years of

age. If so, the order of disposition is for a listed offense as

defined in section 2 of the sex offenders registration act, 1994 PA

295, MCL 28.722, and the court shall include the basis for that

determination on the record and include the determination in the

order of disposition.

(16) The court shall not impose a sentence of imprisonment in

the county jail under subsection (1)(m) unless the present county

jail facility for the juvenile's imprisonment would meet all

requirements under federal law and regulations for housing

juveniles. The court shall not impose the sentence until it

consults with the sheriff to determine when the sentence will begin

to ensure that space will be available for the juvenile.

(17) In a proceeding under section 2(h) of this chapter, this

section only applies to a disposition for a violation of a personal

protection order and subsequent proceedings.

(18) If a juvenile is within the court's jurisdiction under

section 2(a)(1) of this chapter, the court shall order the juvenile

to pay costs as provided in section 18m of this chapter.

(19) A juvenile who has been ordered to pay the minimum state

cost as provided in section 18m of this chapter as a condition of

probation or supervision and who is not in willful default of the

payment of the minimum state cost may petition the court at any

time for a remission of the payment of any unpaid portion of the

minimum state cost. If the court determines that payment of the

amount due will impose a manifest hardship on the juvenile or his

or her immediate family, the court may remit all or part of the

amount of the minimum state cost due or modify the method of

payment.

Sec. 18f. (1) If, in a proceeding under section 2(b) of this

chapter, an agency advises the court against placing a child in the

custody of the child's parent, guardian, or custodian, the agency

shall report in writing to the court what efforts were made to

prevent the child's removal from his or her home or the efforts

made to rectify the conditions that caused the child's removal from

his or her home. The report shall include all of the following:

(a) If services were provided to the child and his or her

parent, guardian, or custodian, the services, including in-home

services, that were provided.

(b) If services were not provided to the child and his or her

parent, guardian, or custodian, the reasons why services were not

provided.

from his or her parent, guardian, or custodian.

(d) Likely harm to the child if the child were to be returned

to his or her parent, guardian, or custodian.

(2) Before the court enters an order of disposition in a

proceeding under section 2(b) of this chapter, the agency shall

prepare a case service plan that shall be available to the court

and all the parties to the proceeding.

(3) The case service plan shall provide for placing the child

in the most family-like setting available and in as close proximity

to the child's parents' home as is consistent with the child's best

interests and special needs. The case service plan shall include,

but is not limited to, the following:

(a) The type of home or institution in which the child is to

be placed and the reasons for the selected placement.

(b) Efforts to be made by the child's parent to enable the

child to return to his or her home.

his or her home.

(d) Schedule of services to be provided to the parent, child,

and if the child is to be placed in foster care, the foster parent,

to facilitate the child's return to his or her home or to

facilitate the child's permanent placement.

(e) Except as otherwise provided in this subdivision, unless

parenting time, even if supervised, would be harmful to the child

as determined by the court under section 13a of this chapter or

otherwise, a schedule for regular and frequent parenting time

between the child and his or her parent, which shall not be less

than once every 7 days.

(f) Efforts to be made by the supervising agency to provide

frequent in-person visitation or other ongoing interaction between

siblings unless the court determines under section 13a of this

chapter that sibling visitation or contact will not be beneficial

to 1 or more of the siblings.

(g) ~~(f)~~ Conditions that would limit or preclude placement or

parenting time with a parent who is required by court order to

(4) Before the court enters an order of disposition, the court

shall consider the case service plan; any written or oral

information offered concerning the child from the child's parent,

guardian, custodian, foster parent, child caring institution,

relative with whom the child is placed, lawyer-guardian ad litem,

attorney, or guardian ad litem; and any other evidence offered,

including the appropriateness of parenting time, which information

or evidence bears on the disposition. The order of disposition

shall state whether reasonable efforts have been made to prevent

the child's removal from his or her home or to rectify the

conditions that caused the child's removal from his or her home.

The court may order compliance with all or any part of the case

service plan as the court considers necessary.

(5) If a child continues in placement outside of the child's

home, the case service plan shall be updated and revised at 90-day

intervals as required by the rules promulgated under 1973 PA 116,

MCL 722.111 to 722.128. The agency shall consult with the foster

parents when it updates and revises the case service plan, and

shall attach a statement summarizing the information received from

the foster parents to the updated and revised case service plan.

Updated and revised case service plans shall be available to the

court and all the parties to the proceeding. Within 10 days after

receipt of a written request, the agency shall provide the person

who is providing the foster care with the information itemized in

section ~~13a(14)~~ 13a(17) of this chapter.

(6) To ensure that the case service plan addresses the child's

medical needs in relation to abuse and neglect, the department of

~~human services~~ shall review a child's case with the child's

attending physician of record during a hospitalization or with the

child's primary care physician, but only if a physician has

diagnosed the child's abuse or neglect as involving 1 or more of

the following:

(a) Failure to thrive.

(b) Munchausen syndrome by proxy.

(d) A bone fracture that is diagnosed as being the result of

abuse or neglect.

(e) Drug exposure.

(7) If a child is placed outside of his or her home and the

department ~~of human services~~ is required to review the child's case

with a physician under subsection (6), then in a judicial

proceeding to determine if the child is to be returned to his or

her home, the court must allow the child's attending physician of

record during a hospitalization or the child's primary care

physician to testify regarding the case service plan. The court

shall notify each physician of the hearing's time and place.

Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect

unless House Bill No. 5521 of the 98th Legislature is enacted into

law.