Michigan 2023-2024 Regular Session

Michigan House Bill HB4298

Introduced
3/16/23  
Refer
3/16/23  
Report Pass
5/17/23  
Engrossed
6/21/23  

Caption

Children: other; reference to "marriage of minor child" in safe families for children act; remove. Amends sec. 5 of 2018 PA 434 (MCL 722.1555).

Impact

This legislation allows parents or guardians to assign caregiving responsibilities during short-term exigencies without relinquishing their rights permanently. However, the bill excludes the delegation of certain critical parental decisions, including consent for marriage, adoption, or abortion. This restriction is intended to safeguard essential parental rights while providing flexibility during temporary absences, reflecting an understanding of both the needs of parents and the welfare of children.

Summary

House Bill 4298 amends the Safe Families for Children Act, specifically altering section 5 regarding the delegation of parental powers. The primary goal of this bill is to streamline the process by which a parent or guardian can temporarily delegate their responsibilities concerning the care, custody, or property of a minor child for a period up to 180 days. Notably, this amendment allows for extensions related to military deployments, ensuring that if a parent or guardian is deployed, the delegation can remain effective until the 31st day after their return. This is an important consideration reflecting the unique challenges faced by military families.

Sentiment

The sentiment around HB4298 appears to be positive, especially among advocates for military families and child welfare organizations who see the potential benefits of such a legislative adjustment. Many proponents applaud the bill for its thoughtful approach to resolving the logistical issues that can arise from military deployment. However, there may also be concerns raised by those wary of changes to parental rights and the implications of delegating such authority, emphasizing the importance of maintaining fundamental protections for children.

Contention

Notable points of contention surrounding this bill include the discussions on the extent of parental rights that can be delegated and the implications for children’s welfare. While some support the enhancements in flexibility for guardians and parents, others express trepidation regarding potential misuse or confusion that might arise from temporary custody arrangements. Balancing the need for parental flexibility with the preservation of essential rights is a key focus of the legislative discourse, positioning the bill within larger discussions about family law and child welfare.

Companion Bills

No companion bills found.

Previously Filed As

MI SB0216

Children: other; reference to "marriage of minor child" in safe families for children act; remove. Amends sec. 5 of 2018 PA 434 (MCL 722.1555).

MI SB0212

Probate: other; references to a "married minor" in the estates and protected individuals code; eliminate. Amends secs. 2519, 5103, 5204, 5206 & 5215 of 1998 PA 386 (MCL 700.2519 et seq.). TIE BAR WITH: SB 0209'23

MI HB4297

Probate: other; references to a “married minor” in the estates and protected individuals code; eliminate. Amends secs. 2519, 5103, 5204, 5206 & 5215 of 1998 PA 386 (MCL 700.2519 et seq.). TIE BAR WITH: HB 4293'23

MI SB0227

Children: child care; emergency safety intervention in a children's therapeutic group home; modify conditions for. Amends secs. 1, 2b & 2c of 1973 PA 116 (MCL 722.111 et seq.).

MI SB0434

Children: services; reference to “children’s ombudsman” in the probate code of 1939; amend to “child advocate”. Amends secs. 67 & 68, ch. X & sec. 19b, ch. XIIA of 1939 PA 288 (MCL 710.67 et seq.). TIE BAR WITH: SB 0432'23

MI HB4640

Children: services; reference to "children's ombudsman" in the probate code of 1939; amend to "child advocate". Amends secs. 67 & 68, ch. X & sec. 19b, ch. XIIA of 1939 PA 288 (MCL 710.67 et seq.). TIE BAR WITH: HB 4638'23

MI HB1596

CHILDREN-PRONOUNS-REFERENCES

MI SB0436

Children: services; reference to "children's ombudsman" in the child protection law; amend to "child advocate". Amends secs. 7, 7b & 7k of 1975 PA 238 (MCL 722.627 et seq.). TIE BAR WITH: SB 0432'23

MI S20

Care for Women, Children, and Families Act

MI HB4296

Children: other; certain obligations of minor children released upon marriage; clarify. Amends sec. 1 of 1919 PA 160 (MCL 551.251). TIE BAR WITH: SB 0209'23, SB 0212'23, HB 4294'23, HB 4295'23

Similar Bills

CA AB1025

Standby Caretaker Act.

CA SB1279

Guardian ad litem appointment.

NJ A4000

Establishes Office of Professional Corporate Guardians.

NJ S3148

Establishes Office of Professional Corporate Guardians.

TX SB1325

Relating to authorizing counties to establish public guardians to serve as guardians for certain incapacitated persons.

CA SB303

Guardians and conservators: compensation: residence of conservatee.

WV HB2035

Establishing pilot program for Public Guardian Ad Litem Services

CA AB1378

Standby guardianship of minors.