| 1 | 1 | | SENATE BILL NO. 218 A bill to amend 1939 PA 288, entitled "Probate code of 1939," (MCL 710.21 to 712B.41) by adding section 21a to chapter XIIA. the people of the state of michigan enact: CHAPTER XIIA Sec. 21a. (1) The court may issue an order reinstating parental rights if the court has determined that adoption or guardianship is no longer the child's permanency goal, if 3 years or more have passed from the date of the termination of parental rights, and if either of the following applies: (a) The child is at least 14 years of age. (b) The child is the younger sibling of a child who is at least 14 years of age for whom reinstatement of parental rights is being sought. (2) The department, the MCI, or the child's lawyer-guardian ad litem may file a petition requesting reinstatement of parental rights. (3) The court may request that the agency investigate whether reinstatement of parental rights is in the child's best interests. (4) The court may order parenting time according to section 13a of this chapter pending a hearing on the petition. (5) If it appears from the petition that the child's former parent may be fit to have the former parent's parental rights reinstated and the child's best interests may be promoted by reinstatement of parental rights, the court must hold a hearing. The court must ensure that written notice of the hearing and the petition are served on all of the following: (a) The department. (b) The MCI superintendent. (c) The child. (d) The child's lawyer-guardian ad litem. (e) The child's foster parent or relative caregiver. (f) The child's former parent whose parental rights may be reinstated. (g) If the child is an Indian child as defined in section 3 of chapter XIIB, all the persons required to be notified under chapter XIIB. (h) Any other person as the court directs. (6) Before the hearing, the agency must complete a criminal background check and perform a central registry clearance check. The information obtained through these checks must be submitted to the court before the hearing concerning establishing a trial period for reinstatement of parental rights. (7) If the child is committed to the MCI, the MCI must provide a recommendation to the court as to whether reinstatement of parental rights is in the child's best interests. (8) In a hearing on the petition to reinstate parental rights, the court must consider, at a minimum, all of the following: (a) Whether the parent is fit and has remedied the grounds that supported terminating the parent's parental rights, as provided in the record of the termination proceedings and the termination order. (b) The age and maturity of the child and the child's preference with regard to reinstating parental rights. (c) Whether reinstating parental rights presents a risk to the child's health, welfare, or safety. (d) Information found as a part of the agency criminal background check performed under this section. (e) Other material changes in circumstances, if any, that may have occurred since the date of the order terminating parental rights. (9) If the court finds by clear and convincing evidence that reinstating parental rights is in the child's best interests, the court must remove the child from the commitment to the MCI and reinstate the parent's parental rights. (10) If the court finds that a trial period of reinstatement of parental rights is in the child's best interests, the court may order a trial period of reinstatement of parental rights that does not exceed 180 days. (11) If the court issues an order reinstating parental rights, the department must ensure that transition services are provided for the family as appropriate. (12) If the court issues an order for a trial period of reinstatement of parental rights, both of the following apply: (a) The child shall be conditionally placed in the physical care of the parent for a period not to exceed 180 days. (b) During the trial period, the MCI must do all of the following: (i) Retain legal custody of the child, permitting the department to visit the child in the parent's home, at school, in a facility, or in any other setting the department considers necessary and appropriate. (ii) Develop a permanent plan for reunification and ensure that transition services are provided to the family, as appropriate. (iii) At the MCI superintendent's discretion, remove the child from placement with the former parent at any time if the MCI superintendent considers that the child's health, welfare, or safety is at risk or that it is no longer in the child's best interests for the child to remain with the former parent. (iv) Notify the court within 3 days if the child has been removed from placement with the parent without a court order. If the child has been removed from placement with the parent without a court order, the court must order a hearing on the physical custody of the child within 7 days after the removal. (13) The court must review the trial reinstatement period not less than once every 90 days throughout the trial period. (14) The agency must assess the trial reinstatement and submit a report to the court and all parties before each review hearing. (15) The court may terminate the trial reinstatement if the court finds during the trial period that permanent reinstatement is not in the child's best interests. (16) Following the trial reinstatement period, if the court determines by clear and convincing evidence that permanent reinstatement is in the child's best interests, the court shall remove the child from the commitment to the MCI and reinstate the parent's parental rights. (17) A final or trial reinstatement order entered under this section does not modify, vacate, or set aside the order terminating parental rights. An order reinstating parental rights following successful completion of the trial period under this section restores all rights, powers, privileges, immunities, duties, and obligations of the parent regarding the child, including those related to custody, control, and support of the child. (18) As used in this section: (a) "Agency" means that term as defined in section 13a of this chapter. (b) "Sibling" means 1 of 2 or more individuals having in common 1 or both biological or adoptive parents, where a court has previously terminated parental rights of 1 or both of those parents. |
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| 2 | 2 | | |
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| 3 | 3 | | SENATE BILL NO. 218 |
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| 4 | 4 | | |
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| 5 | 5 | | A bill to amend 1939 PA 288, entitled |
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| 6 | 6 | | |
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| 7 | 7 | | "Probate code of 1939," |
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| 8 | 8 | | |
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| 9 | 9 | | (MCL 710.21 to 712B.41) by adding section 21a to chapter XIIA. |
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| 10 | 10 | | |
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| 11 | 11 | | the people of the state of michigan enact: |
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| 12 | 12 | | |
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| 13 | 13 | | CHAPTER XIIA |
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| 14 | 14 | | |
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| 15 | 15 | | Sec. 21a. (1) The court may issue an order reinstating parental rights if the court has determined that adoption or guardianship is no longer the child's permanency goal, if 3 years or more have passed from the date of the termination of parental rights, and if either of the following applies: |
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| 16 | 16 | | |
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| 17 | 17 | | (a) The child is at least 14 years of age. |
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| 18 | 18 | | |
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| 19 | 19 | | (b) The child is the younger sibling of a child who is at least 14 years of age for whom reinstatement of parental rights is being sought. |
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| 20 | 20 | | |
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| 21 | 21 | | (2) The department, the MCI, or the child's lawyer-guardian ad litem may file a petition requesting reinstatement of parental rights. |
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| 22 | 22 | | |
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| 23 | 23 | | (3) The court may request that the agency investigate whether reinstatement of parental rights is in the child's best interests. |
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| 24 | 24 | | |
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| 25 | 25 | | (4) The court may order parenting time according to section 13a of this chapter pending a hearing on the petition. |
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| 26 | 26 | | |
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| 27 | 27 | | (5) If it appears from the petition that the child's former parent may be fit to have the former parent's parental rights reinstated and the child's best interests may be promoted by reinstatement of parental rights, the court must hold a hearing. The court must ensure that written notice of the hearing and the petition are served on all of the following: |
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| 28 | 28 | | |
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| 29 | 29 | | (a) The department. |
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| 30 | 30 | | |
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| 31 | 31 | | (b) The MCI superintendent. |
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| 32 | 32 | | |
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| 33 | 33 | | (c) The child. |
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| 34 | 34 | | |
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| 35 | 35 | | (d) The child's lawyer-guardian ad litem. |
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| 36 | 36 | | |
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| 37 | 37 | | (e) The child's foster parent or relative caregiver. |
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| 38 | 38 | | |
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| 39 | 39 | | (f) The child's former parent whose parental rights may be reinstated. |
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| 40 | 40 | | |
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| 41 | 41 | | (g) If the child is an Indian child as defined in section 3 of chapter XIIB, all the persons required to be notified under chapter XIIB. |
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| 42 | 42 | | |
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| 43 | 43 | | (h) Any other person as the court directs. |
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| 44 | 44 | | |
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| 45 | 45 | | (6) Before the hearing, the agency must complete a criminal background check and perform a central registry clearance check. The information obtained through these checks must be submitted to the court before the hearing concerning establishing a trial period for reinstatement of parental rights. |
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| 46 | 46 | | |
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| 47 | 47 | | (7) If the child is committed to the MCI, the MCI must provide a recommendation to the court as to whether reinstatement of parental rights is in the child's best interests. |
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| 48 | 48 | | |
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| 49 | 49 | | (8) In a hearing on the petition to reinstate parental rights, the court must consider, at a minimum, all of the following: |
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| 50 | 50 | | |
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| 51 | 51 | | (a) Whether the parent is fit and has remedied the grounds that supported terminating the parent's parental rights, as provided in the record of the termination proceedings and the termination order. |
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| 52 | 52 | | |
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| 53 | 53 | | (b) The age and maturity of the child and the child's preference with regard to reinstating parental rights. |
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| 54 | 54 | | |
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| 55 | 55 | | (c) Whether reinstating parental rights presents a risk to the child's health, welfare, or safety. |
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| 56 | 56 | | |
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| 57 | 57 | | (d) Information found as a part of the agency criminal background check performed under this section. |
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| 58 | 58 | | |
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| 59 | 59 | | (e) Other material changes in circumstances, if any, that may have occurred since the date of the order terminating parental rights. |
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| 60 | 60 | | |
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| 61 | 61 | | (9) If the court finds by clear and convincing evidence that reinstating parental rights is in the child's best interests, the court must remove the child from the commitment to the MCI and reinstate the parent's parental rights. |
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| 62 | 62 | | |
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| 63 | 63 | | (10) If the court finds that a trial period of reinstatement of parental rights is in the child's best interests, the court may order a trial period of reinstatement of parental rights that does not exceed 180 days. |
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| 64 | 64 | | |
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| 65 | 65 | | (11) If the court issues an order reinstating parental rights, the department must ensure that transition services are provided for the family as appropriate. |
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| 66 | 66 | | |
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| 67 | 67 | | (12) If the court issues an order for a trial period of reinstatement of parental rights, both of the following apply: |
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| 68 | 68 | | |
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| 69 | 69 | | (a) The child shall be conditionally placed in the physical care of the parent for a period not to exceed 180 days. |
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| 70 | 70 | | |
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| 71 | 71 | | (b) During the trial period, the MCI must do all of the following: |
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| 72 | 72 | | |
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| 73 | 73 | | (i) Retain legal custody of the child, permitting the department to visit the child in the parent's home, at school, in a facility, or in any other setting the department considers necessary and appropriate. |
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| 74 | 74 | | |
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| 75 | 75 | | (ii) Develop a permanent plan for reunification and ensure that transition services are provided to the family, as appropriate. |
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| 76 | 76 | | |
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| 77 | 77 | | (iii) At the MCI superintendent's discretion, remove the child from placement with the former parent at any time if the MCI superintendent considers that the child's health, welfare, or safety is at risk or that it is no longer in the child's best interests for the child to remain with the former parent. |
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| 78 | 78 | | |
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| 79 | 79 | | (iv) Notify the court within 3 days if the child has been removed from placement with the parent without a court order. If the child has been removed from placement with the parent without a court order, the court must order a hearing on the physical custody of the child within 7 days after the removal. |
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| 80 | 80 | | |
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| 81 | 81 | | (13) The court must review the trial reinstatement period not less than once every 90 days throughout the trial period. |
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| 82 | 82 | | |
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| 83 | 83 | | (14) The agency must assess the trial reinstatement and submit a report to the court and all parties before each review hearing. |
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| 84 | 84 | | |
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| 85 | 85 | | (15) The court may terminate the trial reinstatement if the court finds during the trial period that permanent reinstatement is not in the child's best interests. |
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| 86 | 86 | | |
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| 87 | 87 | | (16) Following the trial reinstatement period, if the court determines by clear and convincing evidence that permanent reinstatement is in the child's best interests, the court shall remove the child from the commitment to the MCI and reinstate the parent's parental rights. |
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| 88 | 88 | | |
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| 89 | 89 | | (17) A final or trial reinstatement order entered under this section does not modify, vacate, or set aside the order terminating parental rights. An order reinstating parental rights following successful completion of the trial period under this section restores all rights, powers, privileges, immunities, duties, and obligations of the parent regarding the child, including those related to custody, control, and support of the child. |
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| 90 | 90 | | |
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| 91 | 91 | | (18) As used in this section: |
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| 92 | 92 | | |
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| 93 | 93 | | (a) "Agency" means that term as defined in section 13a of this chapter. |
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| 94 | 94 | | |
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| 95 | 95 | | (b) "Sibling" means 1 of 2 or more individuals having in common 1 or both biological or adoptive parents, where a court has previously terminated parental rights of 1 or both of those parents. |
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