Michigan Senate Bill SB0212

Michigan 2023-2024 Regular Session

• Introduced: 3/16/23
• Refer: 3/16/23
• Report Pass: 6/21/23
• Refer: 6/21/23
• Report Pass: 6/22/23
• Engrossed: 6/22/23
• Refer: 6/22/23
• Enrolled: 6/28/23
• Chaptered: 7/18/23
• Passed: 7/18/23

Caption

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

Impact

The bill introduces several procedural changes affecting minors under guardianship. It enhances clarity by clearly defining the parameters under which the appointment of guardians can occur, including the circumstances that necessitate such appointments. The adjustments also include the delegation of parental powers, allowing parents or guardians to authorize other individuals concerning minor's care and custody responsibilities for designated periods. This legislative change will directly alter how courts address guardianship cases, making it easier for relatives or close individuals to step in as guardians when necessary.

Summary

Senate Bill 212 (SB0212) amends specific sections of the Michigan estates and protected individuals code, focusing on guardianship and the legal status of minors. The bill aims to eliminate the term 'married minor' from these legal contexts, thereby adjusting the framework under which minors and their guardianship are addressed in the law. The intention is to modernize the legislation in line with current social norms and to simplify the guardianship processes for minors who are either legally incapacitated or in need of a guardian due to parental incapacity or absence.

Sentiment

Overall sentiment regarding SB0212 is generally supportive, reflecting an acknowledgment of evolving family dynamics and the need for legislation to adapt. Legislative discussions have highlighted the bill’s potential to protect minors better, especially those who may not have parents able to fulfill their legal responsibilities. Advocates argue that the changes will provide more flexible, practical solutions for families navigating guardianship issues. However, there were concerns raised about ensuring that the rights of biological parents are preserved, especially in cases where guardianship may be contested.

Contention

Notable points of contention surrounded the elimination of the 'married minor' status and the implications of those changes on parental rights. Some lawmakers and advocacy groups expressed worries that these modifications could inadvertently strip certain rights from parents or create conflicts in custody arrangements. Additionally, there were discussions about how the change could impact child welfare, emphasizing the need for careful implementation to ensure that modifications do not lead to unintended negative consequences for minors.