Michigan 2023-2024 Regular Session

Michigan Senate Bill SB0216

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  

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

The passage of SB 216 reflects an important shift in state law regarding child welfare, as it allows for more flexible arrangements for child care during critical times. By creating a statutory mechanism for temporary delegation, the law aims to better support families facing challenges that make conventional custody arrangements impractical. It is expected to improve the safety and well-being of children while ensuring that necessary oversight, such as background checks and home safety assessments for guardians, is maintained.

Summary

Senate Bill 216 aims to amend the Safe Families for Children Act by allowing parents or guardians the ability to temporarily delegate their powers regarding the care, custody, or property of a minor child through a power of attorney. This delegation can last for up to 180 days, with special provisions for parents serving in the armed forces, allowing for longer durations of delegation until 30 days after the end of deployment. The intent is to provide a legal framework that accommodates temporary arrangements for child care in various situations, including emergencies or deployments.

Sentiment

The sentiment surrounding SB 216 appears largely positive, with support coming from various legislators and advocacy groups who see the benefits of providing parents with options during challenging times. By directly addressing the needs of military families and others facing unforeseen circumstances, proponents argue that the bill strikes a balance between parental rights and child welfare.

Contention

Despite the overall support, there are concerns regarding the specific limitations imposed by the bill. Notably, the law explicitly prohibits parents from delegating certain powers, such as consent to adoption or abortion, which has sparked debate among child welfare advocates on what constitutes an appropriate level of parental authority. This limitation aims to safeguard the rights of the child while still providing parents the option to find temporary solutions, illustrating a fundamental tension in balancing parental rights and child protection.

Companion Bills

No companion bills found.

Previously Filed As

MI HB4298

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 HB1596

CHILDREN-PRONOUNS-REFERENCES

MI SB0213

Family law: marriage and divorce; right for emancipated minor to marry; revoke. Amends secs. 4 & 4e of 1968 PA 293 (MCL 722.4 & 722.4e).

MI S20

Care for Women, Children, and Families Act

MI SB0137

Children: guardians; guardians of tribal children; allow access to guardian funds. Amends secs. 5, 5a, 5b & 6 of 2008 PA 260 (MCL 722.875 et seq.). TIE BAR WITH: SB 0138'23

MI SB0138

Children: guardians; guardians of tribal children; allow access to guardian funds. Amends secs. 2, 3 & 4 of 2008 PA 260 (MCL 722.872 et seq.). TIE BAR WITH: SB 0137'23

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 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 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.).

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