SB-0419, As Passed Senate, February 21, 2018

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 419

A bill to amend 1939 PA 288, entitled

"Probate code of 1939,"

by amending sections 2, 18, 19, 19a, and 19b of chapter XIIA (MCL

712A.2, 712A.18, 712A.19, 712A.19a, and 712A.19b), section 2 as

amended by 2014 PA 519, section 18 as amended by 2016 PA 191,

section 19 as amended by 2008 PA 202, section 19a as amended by

2016 PA 497, and section 19b as amended by 2017 PA 193.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER XIIA

Sec. 2. The court has the following authority and

jurisdiction:

(a) Exclusive original jurisdiction superior to and regardless

of the jurisdiction of another court in proceedings concerning a

juvenile under 17 years of age who is found within the county if 1

or more of the following ~~applies:~~apply:

(1) Except as otherwise provided in this sub-subdivision, the

juvenile has violated any municipal ordinance or law of the state

or of the United States. If the court enters into an agreement

under section 2e of this chapter, the court has jurisdiction over a

juvenile who committed a civil infraction as provided in that

section. The court has jurisdiction over a juvenile 14 years of age

or older who is charged with a specified juvenile violation only if

the prosecuting attorney files a petition in the court instead of

authorizing a complaint and warrant. As used in this sub-

subdivision, "specified juvenile violation" means 1 or more of the

following:

(A) A violation of section 72, 83, 86, 89, 91, 316, 317, 349,

520b, 529, 529a, or 531 of the Michigan penal code, 1931 PA 328,

MCL 750.72, 750.83, 750.86, 750.89, 750.91, 750.316, 750.317,

750.349, 750.520b, 750.529, 750.529a, and 750.531.

(B) A violation of section 84 or 110a(2) of the Michigan penal

code, 1931 PA 328, MCL 750.84 and 750.110a, if the juvenile is

armed with a dangerous weapon. As used in this paragraph,

"dangerous weapon" means 1 or more of the following:

(i) A loaded or unloaded firearm, whether operable or

inoperable.

(ii) A knife, stabbing instrument, brass knuckles, blackjack,

club, or other object specifically designed or customarily carried

or possessed for use as a weapon.

(iii) An object that is likely to cause death or bodily injury

when used as a weapon and that is used as a weapon or carried or

possessed for use as a weapon.

(iv) An object or device that is used or fashioned in a manner

to lead a person to believe the object or device is an object or

device described in subparagraphs (i) to (iii).

1931 PA 328, MCL 750.186a, regarding escape or attempted escape

from a juvenile facility, but only if the juvenile facility from

which the individual escaped or attempted to escape was 1 of the

following:

(i) A high-security or medium-security facility operated by

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

(ii) A high-security facility operated by a private agency

under contract with the department ~~of human services~~ or a county

juvenile agency.

(D) A violation of section 7401(2)(a)(i) or 7403(2)(a)(i) of

the public health code, 1978 PA 368, MCL 333.7401 and 333.7403.

(E) An attempt to commit a violation described in paragraphs

(A) to (D).

(F) Conspiracy to commit a violation described in paragraphs

(A) to (D).

(G) Solicitation to commit a violation described in paragraphs

(A) to (D).

(H) A lesser included offense of a violation described in

paragraphs (A) to (G) if the individual is charged with a violation

described in paragraphs (A) to (G).

(I) Another violation arising out of the same transaction as a

violation described in paragraphs (A) to (G) if the individual is

charged with a violation described in paragraphs (A) to (G).

(2) The juvenile has deserted his or her home without

sufficient cause, and the court finds on the record that the

juvenile has been placed or refused alternative placement or the

juvenile and the juvenile's parent, guardian, or custodian have

exhausted or refused family counseling.

(3) The juvenile is repeatedly disobedient to the reasonable

and lawful commands of his or her parents, guardian, or custodian,

and the court finds on the record by clear and convincing evidence

that court-accessed services are necessary.

(4) The juvenile willfully and repeatedly absents himself or

herself from school or other learning program intended to meet the

juvenile's educational needs, or repeatedly violates rules and

regulations of the school or other learning program, and the court

finds on the record that the juvenile, the juvenile's parent,

guardian, or custodian, and school officials or learning program

personnel have met on the juvenile's educational problems and

educational counseling and alternative agency help have been

sought. As used in this sub-subdivision only, "learning program"

means an organized educational program that is appropriate, given

the age, intelligence, ability, and psychological limitations of a

juvenile, in the subject areas of reading, spelling, mathematics,

science, history, civics, writing, and English grammar.

(b) Jurisdiction in proceedings concerning a juvenile under 18

years of age found within the county:

(1) Whose parent or other person legally responsible for the

care and maintenance of the juvenile, when able to do so, neglects

or refuses to provide proper or necessary support, education,

medical, surgical, or other care necessary for his or her health or

morals, who is subject to a substantial risk of harm to his or her

mental well-being, who is abandoned by his or her parents,

guardian, or other custodian, or who is without proper custody or

guardianship. As used in this sub-subdivision:

(A) "Education" means learning based on an organized

educational program that is appropriate, given the age,

intelligence, ability, and psychological limitations of a juvenile,

in the subject areas of reading, spelling, mathematics, science,

history, civics, writing, and English grammar.

(B) "Neglect" means that term as defined in section 2 of the

child abuse and neglect prevention act, 1982 PA 250, MCL 722.602.

a parent has placed the juvenile with another person who is legally

responsible for the care and maintenance of the juvenile and who is

able to and does provide the juvenile with proper care and

maintenance.

(2) Whose home or environment, by reason of neglect, cruelty,

drunkenness, criminality, or depravity on the part of a parent,

guardian, nonparent adult, or other custodian, is an unfit place

for the juvenile to live in. As used in this sub-subdivision,

"neglect" means that term as defined in section 2 of the child

abuse and neglect prevention act, 1982 PA 250, MCL 722.602.

(3) If the juvenile is dependent and is in danger of

substantial physical or psychological harm. The juvenile may be

found to be dependent when any of the following occurs:

(A) The juvenile is homeless or not domiciled with a parent or

other legally responsible person.

(B) The juvenile has repeatedly run away from home and is

beyond the control of a parent or other legally responsible person.

sexual activity as that term is defined in section 462a of the

Michigan penal code, 1931 PA 328, MCL 750.462a or a delinquent act

that is the result of force, fraud, coercion, or manipulation

exercised by a parent or other adult.

(D) The juvenile's custodial parent or legally responsible

person has died or has become permanently incapacitated and no

appropriate parent or legally responsible person is willing and

able to provide care for the juvenile.

(4) Whose parent has substantially failed, without good cause,

to comply with a limited guardianship placement plan described in

section 5205 of the estates and protected individuals code, 1998 PA

386, MCL 700.5205, regarding the juvenile.

(5) Whose parent has substantially failed, without good cause,

to comply with a court-structured plan described in section 5207 or

5209 of the estates and protected individuals code, 1998 PA 386,

MCL 700.5207 and 700.5209, regarding the juvenile.

(6) If the juvenile has a guardian under the estates and

protected individuals code, 1998 PA 386, MCL 700.1101 to 700.8206,

and the juvenile's parent meets both of the following criteria:

(A) The parent, having the ability to support or assist in

supporting the juvenile, has failed or neglected, without good

cause, to provide regular and substantial support for the juvenile

for 2 years or more before the filing of the petition or, if a

support order has been entered, has failed to substantially comply

with the order for 2 years or more before the filing of the

petition. As used in this sub-subdivision, "neglect" means that

term as defined in section 2 of the child abuse and neglect

prevention act, 1982 PA 250, MCL 722.602.

(B) The parent, having the ability to visit, contact, or

communicate with the juvenile, has regularly and substantially

failed or neglected, without good cause, to do so for 2 years or

more before the filing of the petition. As used in this sub-

subdivision, "neglect" means that term as defined in section 2 of

the child abuse and neglect prevention act, 1982 PA 250, MCL

722.602.

If a petition is filed in the court alleging that a juvenile

is within the provisions of subdivision (b)(1), (2), (3), (4), (5),

or (6) and the custody of that juvenile is subject to the prior or

continuing order of another court of record of this state, the

manner of notice to the other court of record and the authority of

the court to proceed is governed by rule of the supreme court.

jurisdiction of whom has been waived to the family division of

circuit court by a circuit court under a provision in a temporary

order for custody of juveniles based upon a complaint for divorce

or upon a motion related to a complaint for divorce by the

prosecuting attorney, in a divorce judgment dissolving a marriage

between the juvenile's parents, or by an amended judgment relative

to the juvenile's custody in a divorce.

(d) If the court finds on the record that voluntary services

have been exhausted or refused, concurrent jurisdiction in

proceedings concerning a juvenile between the ages of 17 and 18

found within the county who is 1 or more of the following:

(1) Repeatedly addicted to the use of drugs or the intemperate

use of alcoholic liquors.

(2) Repeatedly associating with criminal, dissolute, or

disorderly persons.

(3) Found of his or her own free will and knowledge in a house

of prostitution, assignation, or ill-fame.

(4) Repeatedly associating with thieves, prostitutes, pimps,

or procurers.

(5) Willfully disobedient to the reasonable and lawful

commands of his or her parents, guardian, or other custodian and in

danger of becoming morally depraved.

If a juvenile is brought before the court in a county other

than that in which the juvenile resides, before a hearing and with

the consent of the judge of the court in the county of residence,

the court may enter an order transferring jurisdiction of the

matter to the court of the county of residence. Consent to transfer

jurisdiction is not required if the county of residence is a county

juvenile agency and satisfactory proof of residence is furnished to

the court of the county of residence. The order does not constitute

a legal settlement in this state that is required for the purpose

of section 55 of the social welfare act, 1939 PA 280, MCL 400.55.

The order and a certified copy of the proceedings in the

transferring court shall be delivered to the court of the county of

residence. A case designated as a case in which the juvenile shall

be tried in the same manner as an adult under section 2d of this

chapter may be transferred for venue or for juvenile disposition,

but shall not be transferred on grounds of residency. If the case

is not transferred, the court having jurisdiction of the offense

shall try the case.

(e) Authority to establish or assist in developing a program

or programs within the county to prevent delinquency and provide

services to act upon reports submitted to the court related to the

behavior of a juvenile who does not require formal court

jurisdiction but otherwise falls within subdivision (a). These

services shall be used only if the juvenile and his or her parents,

guardian, or custodian voluntarily accepts them.

(f) If the court operates a detention home for juveniles

within the court's jurisdiction under subdivision (a)(1), authority

to place a juvenile within that home pending trial if the juvenile

is within the circuit court's jurisdiction under section 606 of the

revised judicature act of 1961, 1961 PA 236, MCL 600.606, and if

the circuit court orders the family division of circuit court in

the same county to place the juvenile in that home. The family

division of circuit court shall comply with that order.

(g) Authority to place a juvenile in a county jail under

section 27a of chapter IV of the code of criminal procedure, 1927

PA 175, MCL 764.27a, if the court designates the case under section

2d of this chapter as a case in which the juvenile is to be tried

in the same manner as an adult and the court determines there is

probable cause to believe that the offense was committed and

probable cause to believe the juvenile committed that offense.

(h) Jurisdiction over a proceeding under section 2950 or 2950a

of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950

and 600.2950a, in which a minor less than 18 years of age is the

respondent, or a proceeding to enforce a valid foreign protection

order issued against a respondent who is a minor less than 18 years

of age. A personal protection order shall not be issued against a

respondent who is a minor less than 10 years of age. Venue for an

initial action under section 2950 or 2950a of the revised

judicature act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a, is

proper in the county of residence of either the petitioner or

respondent. If the respondent does not live in this state, venue

for the initial action is proper in the petitioner's county of

residence.

(i) In a proceeding under this chapter concerning a juvenile's

care and supervision, the court may issue orders affecting a party

as necessary. This subdivision does not apply after May 1, 2018. As

used in this subdivision, "party" means 1 of the following:

(i) In a delinquency proceeding, the petitioner and juvenile.

(ii) In a child protective proceeding, the petitioner,

department, ~~of human services,~~ child, respondent, parent, guardian,

or legal custodian, and any licensed child caring institution or

child placing agency under contract with the department ~~of human~~

~~services~~ to provide for a juvenile's care and supervision.

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 shall order the juvenile returned to

his or her parent if the return of the juvenile to his or her

parent would not cause a substantial risk of harm to the juvenile

or society. The court may also 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.~~ 600.1088. 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'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 department or, if the

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

for placement in or commitment to an institution or agency as the

department 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 or, if the county

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

placement in or commitment to an institution or facility as the

department 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 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 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 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, 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, 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~~ assistance under sections 115f to 115m

or 115t of the social welfare act, 1939 PA 280, MCL 400.115f to

400.115m and 400.115t, 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 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 William Van

Regenmorter 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~~ biometric data have been ~~taken~~ collected and forwarded

as required by section 3 of 1925 PA 289, MCL 28.243, and the

juvenile's fingerprints have been taken and forwarded as required

by the sex offenders registration act, 1994 PA 295, MCL 28.721 to

28.736. If a juvenile's biometric data have not been collected or 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 biometric data can be collected

and forwarded and his or her fingerprints can be taken and

forwarded.

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

collecting and forwarding the juvenile's biometric data and 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, 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 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. 19. (1) Subject to section 20 of this chapter, if a child

remains under the court's jurisdiction, a cause may be terminated

or an order may be amended or supplemented, within the authority

granted to the court in section 18 of this chapter, at any time as

the court considers necessary and proper. An amended or

supplemented order shall be referred to as a "supplemental order of

disposition". If the agency becomes aware of additional abuse or

neglect of a child who is under the court's jurisdiction and if

that abuse or neglect is substantiated as provided in the child

protection law, 1975 PA 238, MCL 722.621 to 722.638, the agency

shall file a supplemental petition with the court.

(2) Except as provided in subsections (3) and (4), if a child

subject to the court's jurisdiction remains in his or her home, a

review hearing shall be held not more than 182 days from the date a

petition is filed to give the court jurisdiction over the child and

no later than every 91 days after that for the first year that the

child is subject to the court's jurisdiction. After the first year

that the child is subject to the court's jurisdiction, a review

hearing shall be held no later than 182 days from the immediately

preceding review hearing before the end of that first year and no

later than every 182 days from each preceding review hearing

~~thereafter~~ after that until the case is dismissed. A review hearing

under this subsection shall not be canceled or delayed beyond the

number of days required in this subsection, regardless of whether a

petition to terminate parental rights or another matter is pending.

Upon motion by any party or in the court's discretion, a review

hearing may be accelerated to review any element of the case

service plan prepared according to section 18f of this chapter.

(3) Except as otherwise provided in subsection (4), if, in a

proceeding under section 2(b) of this chapter, a child is subject

to the court's jurisdiction and removed from his or her home, a

review hearing shall be held not more than 182 days after the

child's removal from his or her home and no later than every 91

days after that for the first year that the child is subject to the

court's jurisdiction. After the first year that the child has been

removed from his or her home and is subject to the court's

jurisdiction, a review hearing shall be held not more than 182 days

from the immediately preceding review hearing before the end of

that first year and no later than every 182 days from each

preceding review hearing ~~thereafter~~ after that until the case is

dismissed. A review hearing under this subsection shall not be

canceled or delayed beyond the number of days required in this

subsection, regardless of whether a petition to terminate parental

rights or another matter is pending. Upon motion by any party or in

the court's discretion, a review hearing may be accelerated to

review any element of the case service plan prepared according to

section 18f of this chapter.

(4) If a child is under the care and supervision of the agency

and is either placed with a relative and the placement is intended

to be permanent or is in a permanent foster family agreement, the

court shall hold a review hearing not more than 182 days after the

child has been removed from his or her home and no later than every

182 days after that so long as the child is subject to the

jurisdiction of the court, the Michigan children's institute, or

other agency. A review hearing under this subsection shall not be

canceled or delayed beyond the number of days required in this

subsection, regardless of whether a petition to terminate parental

rights or another matter is pending. Upon the motion of any party

or at the court's discretion, a review hearing may be accelerated

to review any element of the case service plan.

(5) Written notice of a review hearing under subsection (2),

(3), or (4) shall be served upon all of the following:

(a) The agency. The agency shall advise the child of the

hearing if the child is 11 years of age or older.

(b) The child's foster parent or custodian.

terminated, the child's parents.

(d) If the child has a guardian, the guardian for the child.

(e) If the child has a guardian ad litem, the guardian ad

litem for the child.

(f) A nonparent adult if the nonparent adult is required to

comply with the case service plan.

(g) If tribal affiliation has been determined, the elected

leader of the Indian tribe.

(h) The attorney for the child, the attorneys for each party,

and the prosecuting attorney if the prosecuting attorney has

appeared in the case.

(i) If the child is 11 years of age or older, the child.

(j) Other persons as the court may direct.

(6) At a review hearing under subsection (2), (3), or (4), the

court shall review on the record all of the following:

(a) Compliance with the case service plan with respect to

services provided or offered to the child and the child's parent,

guardian, custodian, or nonparent adult if the nonparent adult is

required to comply with the case service plan and whether the

parent, guardian, custodian, or nonparent adult if the nonparent

adult is required to comply with the case service plan has complied

with and benefited from those services.

(b) Compliance with the case service plan with respect to

parenting time with the child. If parenting time did not occur or

was infrequent, the court shall determine why parenting time did

not occur or was infrequent.

provision of the case service plan, prior court orders, and an

agreement between the parent and the agency.

(d) Likely harm to the child if the child continues to be

separated from the child's parent, guardian, or custodian.

(e) Likely harm to the child if the child is returned to the

child's parent, guardian, or custodian.

(7) After review of the case service plan, the court shall

determine the extent of progress made toward alleviating or

mitigating the conditions that caused the child to be placed in

foster care or that caused the child to remain in foster care. The

court may modify any part of the case service plan including, but

not limited to, the following:

(a) Prescribing additional services that are necessary to

rectify the conditions that caused the child to be placed in foster

care or to remain in foster care.

(b) Prescribing additional actions to be taken by the parent,

guardian, nonparent adult, or custodian, to rectify the conditions

that caused the child to be placed in foster care or to remain in

foster care.

(8) At a review hearing under subsection (2), (3), or (4), the

court shall determine the continuing necessity and appropriateness

of the child's placement and shall order the return of the child to

the custody of the parent as provided in this subsection, continue

the dispositional order, modify the dispositional order, or enter a

new dispositional order. The court shall order the child returned

to the custody of his or her parent if the return of the child to

his or her parent would not cause a substantial risk of harm to the

child.

(9) If in a proceeding under section 2(b) of this chapter a

child is placed in foster care, the court shall determine at the

dispositional hearing and each review hearing whether the cause

should be reviewed before the next review hearing required by

subsection (2), (3), or (4). In making this determination, the

court shall consider at least all of the following:

(a) The parent's ability and motivation to make necessary

changes to provide a suitable environment for the child.

(b) Whether there is a reasonable likelihood that the child

may be returned to his or her home prior to the next review hearing

required by subsection (2), (3), or (4).

(10) Unless waived, if not less than 7 days' notice is given

to all parties prior to the return of a child to the child's home,

and no party requests a hearing within the 7 days, the court may

issue an order without a hearing permitting the agency to return

the child to the child's home.

(11) An agency report filed with the court shall be accessible

to all parties to the action and shall be offered into evidence.

The court shall consider any written or oral information concerning

the child from the child's parent, guardian, custodian, foster

parent, child caring institution, relative with whom a child is

placed, attorney, lawyer-guardian ad litem, or guardian ad litem,

in addition to any other evidence, including the appropriateness of

parenting time, offered at the hearing.

(12) Reasonable efforts to finalize an alternate permanency

plan may be made concurrently with reasonable efforts to reunify

the child with the family.

(13) Reasonable efforts to place a child for adoption or with

a legal guardian, including identifying appropriate in-state or

out-of-state options, may be made concurrently with reasonable

efforts to reunify the child and family.

Sec. 19a. (1) Subject to subsection (2), if a child remains in

foster care and parental rights to the child have not been

terminated, the court shall conduct a permanency planning hearing

within 12 months after the child was removed from his or her home.

Subsequent permanency planning hearings shall be held no later than

every 12 months after each preceding permanency planning hearing

during the continuation of foster care. If proper notice for a

permanency planning hearing is provided, a permanency planning

hearing may be combined with a review hearing held under section

19(2) to (4) of this chapter, but no later than 12 months from the

removal of the child from his or her home, from the preceding

permanency planning hearing, or from the number of days required

under subsection (2). A permanency planning hearing shall not be

canceled or delayed beyond the number of months required by this

subsection or days as required under subsection (2), regardless of

whether there is a petition for termination of parental rights

pending.

(2) The court shall conduct a permanency planning hearing

within 30 days after there is a judicial determination that

reasonable efforts to reunite the child and family are not

required. Reasonable efforts to reunify the child and family must

be made in all cases except if any of the following apply:

(a) There is a judicial determination that the parent has

subjected the child to aggravated circumstances as provided in

section 18(1) and (2) of the child protection law, 1975 PA 238, MCL

722.638.

(b) The parent has been convicted of 1 or more of the

following:

(i) Murder of another child of the parent.

(ii) Voluntary manslaughter of another child of the parent.

(iii) Aiding or abetting in the murder of another child of the

parent or voluntary manslaughter of another child of the parent,

the attempted murder of the child or another child of the parent,

or the conspiracy or solicitation to commit the murder of the child

or another child of the parent.

(iv) A felony assault that results in serious bodily injury to

the child or another child of the parent.

involuntarily terminated and the parent has failed to rectify the

conditions that led to that termination of parental rights.

(d) The parent is required by court order to register under

the sex offenders registration act.

(3) A permanency planning hearing shall be conducted to review

the status of the child and the progress being made toward the

child's return home or to show why the child should not be placed

in the permanent custody of the court. The court shall obtain the

child's views regarding the permanency plan in a manner that is

appropriate to the child's age. In the case of a child who will not

be returned home, the court shall consider in-state and out-of-

state placement options. In the case of a child placed out-of-

state, the court shall determine whether the out-of-state placement

continues to be appropriate and in the child's best interests. The

court shall ensure that the agency is providing appropriate

services to assist a child who will transition from foster care to

independent living.

(4) At or before each permanency planning hearing, the court

shall determine whether the agency has made reasonable efforts to

finalize the permanency plan. At the hearing, the court shall

determine whether and, if applicable, when the following must

occur:

(a) The child may be returned to the parent, guardian, or

legal custodian.

(b) A petition to terminate parental rights should be filed.

(d) The child may be permanently placed with a fit and willing

relative.

(e) The child may be placed in another planned permanent

living arrangement, but only in those cases where the agency has

documented to the court a compelling reason for determining that it

would not be in the best interest of the child to follow 1 of the

options listed in subdivisions (a) to (d).

(5) The court shall determine whether or not the agency,

foster home, or institutional placement has followed the reasonable

and prudent parenting standard that the child has had regular

opportunities to engage in age or developmentally appropriate

activities.

(6) Not less than 14 days before a permanency planning

hearing, written notice of the hearing and a statement of the

purposes of the hearing, including a notice that the hearing may

result in further proceedings to terminate parental rights, shall

be served upon all of the following:

(a) The agency. The agency shall advise the child of the

hearing if the child is 11 years of age or older.

(b) The foster parent or custodian of the child.

terminated, the child's parents.

(d) If the child has a guardian, the guardian for the child.

(e) If the child has a guardian ad litem, the guardian ad

litem for the child.

(f) If tribal affiliation has been determined, the elected

leader of the Indian tribe.

(g) The attorney for the child, the attorneys for each party,

and the prosecuting attorney if the prosecuting attorney has

appeared in the case.

(h) If the child is 11 years of age or older, the child.

(i) Other persons as the court may direct.

(7) If parental rights to the child have not been terminated

and the court determines at a permanency planning hearing that the

return of the child to his or her parent would not cause a

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

mental well-being, the court shall order the child returned to his

or her parent. In determining whether the return of the child would

cause a substantial risk of harm to the child, the court shall view

the failure of the parent to substantially comply with the terms

and conditions of the case service plan prepared under section 18f

of this chapter as evidence that return of the child to his or her

parent would cause a substantial risk of harm to the child's life,

physical health, or mental well-being. In addition to considering

conduct of the parent as evidence of substantial risk of harm, the

court shall consider any condition or circumstance of the child

that may be evidence that a return to the parent would cause a

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

mental well-being.

(8) If the court determines at a permanency planning hearing

that a child should not be returned to his or her parent, the court

may order the agency to initiate proceedings to terminate parental

rights. Except as otherwise provided in this subsection, if the

child has been in foster care under the responsibility of the state

for 15 of the most recent 22 months, the court shall order the

agency to initiate proceedings to terminate parental rights. The

court is not required to order the agency to initiate proceedings

to terminate parental rights if 1 or more of the following apply:

(a) The child is being cared for by relatives.

(b) The case service plan documents a compelling reason for

determining that filing a petition to terminate parental rights

would not be in the best interest of the child. Compelling reasons

for not filing a petition to terminate parental rights include, but

are not limited to, all of the following:

(i) Adoption is not the appropriate permanency goal for the

child.

(ii) No grounds to file a petition to terminate parental

rights exist.

(iii) The child is an unaccompanied refugee minor as defined

in 45 CFR 400.11.

(iv) There are international legal obligations or compelling

foreign policy reasons that preclude terminating parental rights.

with the time period in the case service plan, with the services

the state considers necessary for the child's safe return to his or

her home, if reasonable efforts are required.

(9) If the agency demonstrates under subsection (8) that

initiating the termination of parental rights to the child is

clearly not in the child's best interests, or the court does not

order the agency to initiate termination of parental rights to the

child under subsection (8), then the court shall order 1 or more of

the following alternative placement plans:

(a) If the court determines that other permanent placement is

not possible, the child's placement in foster care shall continue

for a limited period to be stated by the court.

(b) If the court determines that it is in the child's best

interests based upon compelling reasons, the child's placement in

foster care may continue on a long-term basis.

it is in the child's best interests, appoint a guardian for the

child, which guardianship may continue until the child is

emancipated.

(10) A guardian appointed under subsection (9)(c) has all of

the powers and duties set forth under section 15 of the estates and

protected individuals code, 1998 PA 386, MCL 700.5215.

(11) If a child is placed in a guardian's or a proposed

guardian's home under subsection (9)(c), the court shall order the

department to perform an investigation and file a written report of

the investigation for a review under subsection (12) and the court

shall order the department to do all of the following:

(a) Perform a criminal record check within 7 days.

(b) Perform a central registry clearance within 7 days.

with the court within 30 days unless a home study has been

performed within the immediately preceding 365 days, under section

13a(11) of this chapter. If a home study has been performed within

the immediately preceding 365 days, a copy of that home study shall

be submitted to the court.

(12) The court's jurisdiction over a juvenile under section

2(b) of this chapter shall be terminated after the court appoints a

guardian under this section and conducts a review hearing under

section 19 of this chapter, unless the juvenile is released sooner

by the court.

(13) The court's jurisdiction over a guardianship created

under this section shall continue until released by court order.

The court shall review a guardianship created under this section

annually and may conduct additional reviews as the court considers

necessary. The court may order the department or a court employee

to conduct an investigation and file a written report of the

investigation.

(14) In making the determinations under this section, the

court shall consider any written or oral information concerning the

child from the child's parent, guardian, custodian, foster parent,

child caring institution, relative with whom the child is placed,

or guardian ad litem in addition to any other evidence, including

the appropriateness of parenting time, offered at the hearing.

(15) The court may, on its own motion or upon petition from

the department or the child's lawyer guardian ad litem, hold a

hearing to determine whether a guardianship appointed under this

section shall be revoked.

(16) A guardian may petition the court for permission to

terminate the guardianship. A petition may include a request for

appointment of a successor guardian.

(17) After notice and hearing on a petition for revocation or

permission to terminate the guardianship, if the court finds by a

preponderance of evidence that continuation of the guardianship is

not in the child's best interests, the court shall revoke or

terminate the guardianship and appoint a successor guardian or

restore temporary legal custody to the department.

Sec. 19b. (1) Except as provided in subsection (4), if a child

remains in foster care in the temporary custody of the court

following a review hearing under section 19(3) of this chapter or a

permanency planning hearing under section 19a of this chapter or if

a child remains in the custody of a guardian or limited guardian,

upon petition of the prosecuting attorney, whether or not the

prosecuting attorney is representing or acting as legal consultant

to the agency or any other party, or petition of the child,

guardian, custodian, concerned person, agency, or children's

ombudsman as authorized in section 7 of the children's ombudsman

act, 1994 PA 204, MCL 722.927, the court shall hold a hearing to

determine if the parental rights to a child should be terminated

and, if all parental rights to the child are terminated, the child

placed in permanent custody of the court. The court shall state on

the record or in writing its findings of fact and conclusions of

law with respect to whether or not parental rights should be

terminated. The court shall issue an opinion or order regarding a

petition for termination of parental rights within 70 days after

the commencement of the initial hearing on the petition. The

court's failure to issue an opinion within 70 days does not dismiss

the petition.

(2) Not less than 14 days before a hearing to determine if the

parental rights to a child should be terminated, written notice of

the hearing shall be served upon all of the following:

(a) The agency. The agency shall advise the child of the

hearing if the child is 11 years of age or older.

(b) The child's foster parent or custodian.

(d) If the child has a guardian, the child's guardian.

(e) If the child has a guardian ad litem, the child's guardian

ad litem.

(f) If tribal affiliation has been determined, the Indian

tribe's elected leader.

(g) The child's attorney and each party's attorney.

(h) If the child is 11 years of age or older, the child.

(i) The prosecutor.

(3) The court may terminate a parent's parental rights to a

child if the court finds, by clear and convincing evidence, 1 or

more of the following:

(a) The child has been deserted under either of the following

circumstances:

(i) The child's parent is unidentifiable, has deserted the

child for 28 or more days, and has not sought custody of the child

during that period. For the purposes of this section, a parent is

unidentifiable if the parent's identity cannot be ascertained after

reasonable efforts have been made to locate and identify the

parent.

(ii) The child's parent has deserted the child for 91 or more

days and has not sought custody of the child during that period.

(b) The child or a sibling of the child has suffered physical

injury or physical or sexual abuse under 1 or more of the following

circumstances:

(i) The parent's act caused the physical injury or physical or

sexual abuse and the court finds that there is a reasonable

likelihood that the child will suffer from injury or abuse in the

foreseeable future if placed in the parent's home.

(ii) The parent who had the opportunity to prevent the

physical injury or physical or sexual abuse failed to do so and the

court finds that there is a reasonable likelihood that the child

will suffer injury or abuse in the foreseeable future if placed in

the parent's home.

(iii) A nonparent adult's act caused the physical injury or

physical or sexual abuse and the court finds that there is a

reasonable likelihood that the child will suffer from injury or

abuse by the nonparent adult in the foreseeable future if placed in

the parent's home.

this chapter, 182 or more days have elapsed since the issuance of

an initial dispositional order, and the court, by clear and

convincing evidence, finds either of the following:

(i) The conditions that led to the adjudication continue to

exist and there is no reasonable likelihood that the conditions

will be rectified within a reasonable time considering the child's

age.

(ii) Other conditions exist that cause the child to come

within the court's jurisdiction, the parent has received

recommendations to rectify those conditions, the conditions have

not been rectified by the parent after the parent has received

notice and a hearing and has been given a reasonable opportunity to

rectify the conditions, and there is no reasonable likelihood that

the conditions will be rectified within a reasonable time

considering the child's age.

(d) The child's parent has placed the child in a limited

guardianship under section 5205 of the estates and protected

individuals code, 1998 PA 386, MCL 700.5205, and has substantially

failed, without good cause, to comply with a limited guardianship

placement plan described in section 5205 of the estates and

protected individuals code, 1998 PA 386, MCL 700.5205, regarding

the child to the extent that the noncompliance has resulted in a

disruption of the parent-child relationship.

(e) The child has a guardian under the estates and protected

individuals code, 1998 PA 386, MCL 700.1101 to 700.8206, and the

parent has substantially failed, without good cause, to comply with

a court-structured plan described in section 5207 or 5209 of the

estates and protected individuals code, 1998 PA 386, MCL 700.5207

and 700.5209, regarding the child to the extent that the

noncompliance has resulted in a disruption of the parent-child

relationship.

(f) The child has a guardian under the estates and protected

individuals code, 1998 PA 386, MCL 700.1101 to 700.8206, and both

of the following have occurred:

(i) The parent, having the ability to support or assist in

supporting the minor, has failed or neglected, without good cause,

to provide regular and substantial support for the minor for a

period of 2 years or more before the filing of the petition or, if

a support order has been entered, has failed to substantially

comply with the order for a period of 2 years or more before the

filing of the petition.

(ii) The parent, having the ability to visit, contact, or

communicate with the minor, has regularly and substantially failed

or neglected, without good cause, to do so for a period of 2 years

or more before the filing of the petition.

(g) The parent, ~~without regard to intent,~~ although, in the

court's discretion, financially able to do so, fails to provide

proper care or custody for the child and there is no reasonable

expectation that the parent will be able to provide proper care and

custody within a reasonable time considering the child's age.

(h) The parent is imprisoned for such a period that the child

will be deprived of a normal home for a period exceeding 2 years,

and the parent has not provided for the child's proper care and

custody, and there is no reasonable expectation that the parent

will be able to provide proper care and custody within a reasonable

time considering the child's age.

(i) Parental rights to 1 or more siblings of the child have

been terminated due to serious and chronic neglect or physical or

sexual abuse, and ~~prior attempts to rehabilitate the parents have~~

~~been unsuccessful.~~the parent has failed to rectify the conditions

that led to the prior termination of parental rights.

(j) There is a reasonable likelihood, based on the conduct or

capacity of the child's parent, that the child will be harmed if he

or she is returned to the home of the parent.

(k) The parent abused the child or a sibling of the child, ~~and~~

the abuse included 1 or more of the following, and there is a

reasonable likelihood that the child will be harmed if returned to

the care of the parent:

(i) Abandonment of a young child.

(ii) Criminal sexual conduct involving penetration, attempted

penetration, or assault with intent to penetrate.

(iii) Battering, torture, or other severe physical abuse.

(iv) Loss or serious impairment of an organ or limb.

(v) Life-threatening injury.

(vi) Murder or attempted murder.

(vii) Voluntary manslaughter.

(viii) Aiding and abetting, attempting to commit, conspiring

to commit, or soliciting murder or voluntary manslaughter.

(ix) Sexual abuse as that term is defined in section 2 of the

child protection law, 1975 PA 238, MCL 722.622.

(l~~) The parent's rights to another child were terminated as a~~

~~result of proceedings under section 2(b) of this chapter or a~~

~~similar law of another state.~~

(l) ~~(m)~~ The parent's rights to another child were voluntarily

terminated following the initiation of proceedings under section

2(b) of this chapter or a similar law of another state and the

proceeding involved abuse that included 1 or more of the following,

and the parent has failed to rectify the conditions that led to the

prior termination of parental rights:

(i) Abandonment of a young child.

(ii) Criminal sexual conduct involving penetration, attempted

penetration, or assault with intent to penetrate.

(iii) Battering, torture, or other severe physical abuse.

(iv) Loss or serious impairment of an organ or limb.

(v) Life-threatening injury.

(vi) Murder or attempted murder.

(vii) Voluntary manslaughter.

(viii) Aiding and abetting, attempting to commit, conspiring

to commit, or soliciting murder or voluntary manslaughter.

(ix) Sexual abuse as that term is defined in section 2 of the

child protection law, 1975 PA 238, MCL 722.622.

(m) ~~(n)~~ The parent is convicted of 1 or more of the following,

and the court determines that termination is in the child's best

interests because continuing the parent-child relationship with the

parent would be harmful to the child:

(i) A violation of section 136, 136a, 316, 317, 520b, 520c,

520d, 520e, or 520g of the Michigan penal code, 1931 PA 328, MCL

750.136, 750.136a, 750.316, 750.317, 750.520b, 750.520c, 750.520d,

750.520e, and 750.520g.

(ii) A violation of a criminal statute that includes as an

element the use of force or the threat of force and that subjects

the parent to sentencing under section 10, 11, or 12 of chapter IX

of the code of criminal procedure, 1927 PA 175, MCL 769.10, 769.11,

and 769.12.

(iii) A federal law or law of another state with provisions

substantially similar to a crime or procedure listed or described

in subparagraph (i) or (ii).

(4) If a petition to terminate the parental rights to a child

is filed, the court may enter an order terminating parental rights

under subsection (3) at the initial dispositional hearing. If a

petition to terminate parental rights to a child is filed, the

court may suspend parenting time for a parent who is a subject of

the petition.

(5) If the court finds that there are grounds for termination

of parental rights and that termination of parental rights is in

the child's best interests, the court shall order termination of

parental rights and order that additional efforts for reunification

of the child with the parent not be made.

(6) As used in this section, "concerned person" means a foster

parent with whom the child is living or has lived who has specific

knowledge of behavior by the parent constituting grounds for

termination under subsection (3)(b) or (g) and who has contacted