FGM; PARENTAL RIGHTS                                                                      H.B. 4716 (H-1):

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

 

 

 

 

 

 

 

 

 

House Bill 4716 (Substitute H-1 as reported without amendment)

Sponsor:  Representative Peter J. Lucido

House Committee:  Law and Justice

Senate Committee:  Judiciary

 


CONTENT

 

The bill would amend the juvenile code to allow a court to terminate a parent's parental rights to a child if the parent were convicted of knowingly performing a female genital mutilation operation on a minor or transporting a minor from the State for that purpose, in violation of Section 136 or 136a of the Michigan Penal Code (or a substantially similar Federal law or law of another state), and the court determined that termination was in the child's best interest because continuing the parent-child relationship would be harmful to the child.

 

The bill is tie-barred to House Bills 4636 and 4637 (Public Acts 68 and 69 of 2017). (House Bills 4636 and 4637 enacted Sections 136 and 136a of the Michigan Penal Code, and will take effect on October 9, 2017.)

 

MCL 712A.19b                                                                 Legislative Analyst:  Jeff Mann

 

FISCAL IMPACT

 

The bill could have a negative fiscal impact on State and local government if the number of children entering the foster care system rose. Placement and treatment for foster care are funded through the Federal government, the Department of Health and Human Services, and county governments. The payer for the care of a youth depends on various eligibility factors and removal circumstances, so the increased cost responsibility would depend on case-by-case factors.

 

In addition, if the bill led to an increase in hearings to terminate parental rights, it would increase resource demands on local court systems.

 

Date Completed:  10-4-17                                                    Fiscal Analyst:  Ryan Bergan

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.