HOUSE BILL No. 4007
January 8, 1997, Introduced by Reps. Fitzgerald and Birkholz and referred to the Committee on Judiciary.
A bill to amend 1939 PA 288, entitled
"An act to revise and consolidate the statutes relating to cer-
tain aspects of the organization and jurisdiction of the probate
court of this state, the powers and duties of such court and the
judges and other officers thereof, certain aspects of the stat-
utes of descent and distribution of property, and the statutes
governing the change of name of adults and children, the adoption
of adults and children, and the jurisdiction of the juvenile
division of the probate court; to prescribe the powers and duties
of the juvenile division of the probate court, and the judges and
other officers thereof; to prescribe the manner and time within
which actions and proceedings may be brought in the juvenile
division of the probate court; to prescribe pleading, evidence,
practice, and procedure in actions and proceedings in the juve-
nile division of the probate court; to provide for appeals from
the juvenile division of the probate court; to prescribe the
powers and duties of certain state departments, agencies, and
officers; and to provide remedies and penalties for the violation
of this act,"
by amending sections 1, 2, 13a, 14, 18, 18f, 19a, and 19b of
chapter XIIA (MCL 712A.1, 712A.2, 712A.13a, 712A.14, 712A.18,
712A.18f, 712A.19a, and 712A.19b), sections 1, 2, and 13a as
amended by 1996 PA 409, section 14 as amended by 1988 PA 224,
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sections 19a and 19b as amended by 1994 PA 264, section 18 as
amended by 1996 PA 244, and section 18f as amended by 1996 PA 16,
and by adding sections 1a, 1b, 1c, 13b, 14a, and 18k.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 CHAPTER XIIA
2 Sec. 1. (1) As used in this chapter, "court" means the
3 family division of circuit court. HOWEVER, UNTIL JANUARY 1,
4 1998, "COURT" OR "FAMILY DIVISION OF CIRCUIT COURT" MEANS THE
5 JUVENILE DIVISION OF THE PROBATE COURT.
6 (2) Except as otherwise provided, proceedings under this
7 chapter are not criminal proceedings.
8 (3) This chapter shall be liberally construed so that each
9 juvenile coming within the jurisdiction of the court receives the
10 care, guidance, and control , preferably in his or her own
11 home, THAT IS conducive to the juvenile's BEST INTERESTS AND
12 welfare, and TO the best interest of the state. If a juvenile is
13 removed from the control of his or her parents, the juvenile
14 shall be placed in care as nearly as possible equivalent to the
15 care that should have been given to the juvenile by his or her
16 parents.
17 SEC. 1A. AS USED IN THIS CHAPTER:
18 (A) "ABUSE" MEANS ANY OF THE FOLLOWING:
19 (i) HARM OR THREATENED HARM BY A PERSON TO A CHILD'S HEALTH
20 OR WELFARE THAT OCCURS THROUGH NONACCIDENTAL PHYSICAL OR MENTAL
21 INJURY.
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1 (ii) ENGAGING IN SEXUAL CONTACT OR PENETRATION WITH A CHILD
2 AS DEFINED IN SECTION 520A OF THE MICHIGAN PENAL CODE, 1931
3 PA 328, MCL 750.520A.
4 (iii) SEXUAL EXPLOITATION OF A CHILD, WHICH INCLUDES, BUT IS
5 NOT LIMITED TO, ALLOWING, PERMITTING, OR ENCOURAGING A CHILD TO
6 ENGAGE IN PROSTITUTION, OR ALLOWING, PERMITTING, ENCOURAGING, OR
7 ENGAGING IN THE PHOTOGRAPHING, FILMING, OR DEPICTING OF A CHILD
8 ENGAGED IN A LISTED SEXUAL ACT AS DEFINED IN SECTION 145C OF THE
9 MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.145C.
10 (iv) MALTREATMENT OF A CHILD.
11 (B) "AGENCY" MEANS A PUBLIC OR PRIVATE ORGANIZATION, INSTI-
12 TUTION, OR FACILITY RESPONSIBLE UNDER A COURT ORDER OR CONTRAC-
13 TUAL ARRANGEMENT FOR THE CARE AND SUPERVISION OF A CHILD.
14 (C) "CHILD'S BEST INTERESTS" OR "JUVENILE'S BEST INTERESTS"
15 MEANS THE SUM TOTAL OF THE FOLLOWING FACTORS TO BE CONSIDERED,
16 EVALUATED, AND DETERMINED BY THE COURT:
17 (i) THE ABILITY, CAPACITY, FITNESS, READINESS, AND WILLING-
18 NESS OF THE PARENT OR GUARDIAN TO PROVIDE THE CHILD WITH NUTRI-
19 TION, HYGIENE, SAFETY, MEDICAL CARE OR OTHER REMEDIAL CARE RECOG-
20 NIZED AND PERMITTED UNDER THE LAWS OF THIS STATE IN PLACE OF MED-
21 ICAL CARE, PERSONAL CARE, SUPERVISION, AND GUIDANCE.
22 (ii) THE ABILITY, CAPACITY, FITNESS, READINESS, AND WILLING-
23 NESS OF THE PARENT OR GUARDIAN TO PROVIDE THE CHILD WITH LOVE,
24 AFFECTION, AND PERMANENCE OF THE FAMILY UNIT.
25 (iii) THE HOME, SCHOOL, AND COMMUNITY RECORD OF THE CHILD.
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1 (iv) THE REASONABLE PREFERENCE OF THE CHILD IF THE COURT
2 CONSIDERS THE CHILD TO BE OF SUFFICIENT AGE AND CAPACITY TO
3 EXPRESS A PREFERENCE.
4 (v) PRIOR CONTACT OF THE CHILD WITH A LAW ENFORCEMENT OFFI-
5 CER, PROBATION OFFICER, OR COURT, THE FAMILY INDEPENDENCE AGENCY,
6 OR A COMPARABLE OFFICER OR AGENCY IN ANOTHER STATE, INCLUDING
7 REPORTED INCIDENTS OF ABUSE OR NEGLECT OF THE CHILD, BUT NOT
8 INCLUDING RECEIPT OF PUBLIC ASSISTANCE.
9 (vi) PRIOR CONTACT OF A PARENT OR GUARDIAN OF THE CHILD WITH
10 A LAW ENFORCEMENT OFFICER, PROBATION OFFICER, OR COURT, THE
11 FAMILY INDEPENDENCE AGENCY, OR A COMPARABLE OFFICER OR AGENCY IN
12 ANOTHER STATE INVOLVING REPORTED INCIDENTS OF ABUSE OR NEGLECT OF
13 THE CHILD OR OTHER CHILDREN IN THE CUSTODY OF THE CHILD'S PARENT
14 OR GUARDIAN, CRIMINAL SEXUAL CONDUCT BY THE CHILD'S PARENT OR
15 GUARDIAN, OR OTHER CRIMINAL CONDUCT BY THE CHILD'S PARENT OR
16 GUARDIAN INVOLVING EITHER SUBSTANCE ABUSE OR PHYSICAL ASSAULT.
17 (vii) DOMESTIC VIOLENCE, REGARDLESS OF WHETHER THE VIOLENCE
18 WAS DIRECTED AGAINST OR WITNESSED BY THE CHILD.
19 (viii) THE MENTAL AND PHYSICAL HEALTH OF THE PARTIES
20 INVOLVED.
21 (ix) ANY OTHER FACTOR CONSIDERED BY THE COURT TO BE RELEVANT
22 TO THE PARTICULAR CHILD'S BEST INTERESTS.
23 SEC. 1B. AS USED IN THIS CHAPTER:
24 (A) "CHILD MISTREATMENT" MEANS AN ACT OR OMISSION OF A
25 PARENT, GUARDIAN, OR CUSTODIAN OF A CHILD THAT CAUSES THE CHILD
26 TO COME WITHIN THE JURISDICTION OF THE JUVENILE DIVISION OF THE
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1 PROBATE COURT. CHILD MISTREATMENT IS DIVIDED INTO FIRST, SECOND,
2 AND THIRD DEGREES AS DESCRIBED IN SECTION 1C OF THIS CHAPTER.
3 (B) "CUSTODIAN" MEANS AN ADULT WHO IS GIVEN CUSTODY OF A
4 CHILD BY ORDER OF A CIRCUIT COURT IN MICHIGAN OR OF A COMPARABLE
5 COURT OF ANOTHER STATE, OR AN ADULT WHO POSSESSES A VALID POWER
6 OF ATTORNEY EXECUTED BY THE CHILD'S PARENT GIVING CUSTODY OF THE
7 CHILD TO THE ADULT.
8 (C) "FOSTER CARE" MEANS CARE PROVIDED TO A CHILD IN A FOSTER
9 FAMILY HOME, FOSTER FAMILY GROUP HOME, OR CHILD CARING INSTITU-
10 TION LICENSED OR APPROVED UNDER 1973 PA 116, MCL 722.111 TO
11 722.128, OR CARE PROVIDED TO A CHILD IN A RELATIVE'S HOME UNDER
12 AN ORDER OF THE JUVENILE DIVISION OF THE PROBATE COURT.
13 (D) "GUARDIAN" MEANS A PERSON APPOINTED AS GUARDIAN OF A
14 CHILD BY A PROBATE COURT IN MICHIGAN UNDER SECTION 424 OR 424A OF
15 THE REVISED PROBATE CODE, 1978 PA 642, MCL 700.424 AND 700.424A,
16 OR BY A COURT OF ANOTHER STATE UNDER A COMPARABLE STATUTORY
17 PROVISION.
18 (E) "PERPETRATOR" MEANS A PARENT, GUARDIAN, OR CUSTODIAN WHO
19 INTENTIONALLY OR UNINTENTIONALLY CAUSES OR PERMITS A CHILD TO BE
20 SUBJECT TO MISTREATMENT IN THE FIRST, SECOND, OR THIRD DEGREE.
21 (F) "TORTURE OF A CHILD" MEANS THE INTENTIONAL INFLICTION OF
22 PAIN FOR A PURPOSE OTHER THAN LEGITIMATE PUNISHMENT OR THE INTEN-
23 TIONAL INFLICTION OF PAIN BEYOND WHAT A REASONABLE PARENT WOULD
24 INFLICT FOR THE PURPOSE OF LEGITIMATE PUNISHMENT.
25 SEC. 1C. (1) FIRST DEGREE CHILD MISTREATMENT IS ANY OF THE
26 FOLLOWING:
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1 (A) CRIMINAL SEXUAL CONDUCT INVOLVING PENETRATION OF THE
2 CHILD.
3 (B) LIFE-THREATENING INJURY TO THE CHILD.
4 (C) LOSS OR SERIOUS IMPAIRMENT OF A BODY ORGAN OR LIMB OF
5 THE CHILD.
6 (D) MURDER OR ATTEMPTED MURDER OF A SIBLING OR PARENT OF THE
7 CHILD.
8 (E) ATTEMPTED MURDER OF THE CHILD.
9 (F) TORTURE OF THE CHILD.
10 (G) ABANDONMENT OF A CHILD UNDER THE AGE OF 10, OR OF A
11 CHILD OF ANY AGE WHO IS SEVERELY MENTALLY OR PHYSICALLY IMPAIRED,
12 WITHOUT LEAVING THE CHILD WITH AN ADULT.
13 (2) SECOND DEGREE CHILD MISTREATMENT IS EITHER OF THE
14 FOLLOWING:
15 (A) A FAILURE OVER A SUBSTANTIAL PERIOD OF TIME, CONSIDERING
16 THE CHILD'S AGE, TO PROVIDE OR ARRANGE FOR THE PROVISION OF MINI-
17 MALLY NECESSARY NUTRITION, HYGIENE, SAFETY, MEDICAL ATTENTION,
18 PERSONAL CARE, SUPERVISION, OR GUIDANCE REQUIRED FOR THE CHILD'S
19 GROWTH AND WELL-BEING, IF THERE HAS BEEN PREVIOUS CONTACT BETWEEN
20 THE CHILD AND A LAW ENFORCEMENT OFFICER, PROBATION OFFICER, OR
21 COURT, OR THE FAMILY INDEPENDENCE AGENCY, OR A COMPARABLE OFFICER
22 OR AGENCY IN ANOTHER STATE, INCLUDING REPORTED INCIDENTS OF ABUSE
23 OR NEGLECT OF THE CHILD, BUT NOT INCLUDING RECEIPT OF PUBLIC
24 ASSISTANCE.
25 (B) CHRONIC AND SERIOUS BEATING, BURNING, BONDAGE, INJURY,
26 OR EMOTIONAL MISTREATMENT OF THE CHILD THAT IS NOT FIRST DEGREE
27 CHILD MISTREATMENT.
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1 (3) THIRD DEGREE CHILD MISTREATMENT IS ANY OF THE FOLLOWING
2 THAT DOES NOT CONSTITUTE FIRST OR SECOND DEGREE CHILD
3 MISTREATMENT:
4 (A) A CHILD'S PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR
5 THE CHILD'S CARE AND MAINTENANCE, IF ABLE TO DO SO, NEGLECTS OR
6 REFUSES TO PROVIDE PROPER OR NECESSARY SUPPORT, EDUCATION, OR
7 MEDICAL, SURGICAL, OR OTHER CARE NECESSARY FOR THE CHILD'S HEALTH
8 OR MORALS. AS USED IN THIS SUBDIVISION, "EDUCATION" MEANS LEARN-
9 ING BASED ON AN ORGANIZED EDUCATIONAL PROGRAM THAT IS APPROPRI-
10 ATE, GIVEN THE CHILD'S AGE, INTELLIGENCE, ABILITY, AND PSYCHOLOG-
11 ICAL LIMITATIONS, IN THE SUBJECT AREAS OF READING, SPELLING,
12 MATHEMATICS, SCIENCE, HISTORY, CIVICS, WRITING, AND ENGLISH
13 GRAMMAR.
14 (B) A CHILD IS SUBJECT TO A SUBSTANTIAL RISK OF HARM TO HIS
15 OR HER MENTAL WELL-BEING.
16 (C) A CHILD IS ABANDONED BY HIS OR HER PARENTS, GUARDIAN, OR
17 OTHER CUSTODIAN.
18 (D) A CHILD IS WITHOUT PROPER CUSTODY OR GUARDIANSHIP. AS
19 USED IN THIS SUBDIVISION, "WITHOUT PROPER CUSTODY OR
20 GUARDIANSHIP" DOES NOT INCLUDE A SITUATION IN WHICH A PARENT
21 PLACES THE CHILD WITH ANOTHER PERSON WHO IS LEGALLY RESPONSIBLE
22 FOR THE CARE AND MAINTENANCE OF THE CHILD AND WHO IS ABLE TO AND
23 DOES PROVIDE THE CHILD WITH PROPER CARE AND MAINTENANCE.
24 (E) A CHILD'S HOME OR ENVIRONMENT IS AN UNFIT PLACE FOR THE
25 CHILD TO LIVE BY REASON OF A PARENT'S, GUARDIAN'S, OR OTHER
26 CUSTODIAN'S NEGLECT, CRUELTY, DRUNKENNESS, CRIMINALITY, OR
27 DEPRAVITY.
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1 (F) A CHILD'S PARENT SUBSTANTIALLY FAILS, WITHOUT GOOD
2 CAUSE, TO COMPLY WITH A LIMITED GUARDIANSHIP PLACEMENT PLAN
3 DESCRIBED IN SECTION 424A OF THE REVISED PROBATE CODE, 1978
4 PA 642, MCL 700.424A, REGARDING THE CHILD.
5 (G) A CHILD'S PARENT SUBSTANTIALLY FAILS, WITHOUT GOOD
6 CAUSE, TO COMPLY WITH A COURT-STRUCTURED PLACEMENT PLAN DESCRIBED
7 IN SECTION 424B OR 424C OF THE REVISED PROBATE CODE, 1978 PA 642,
8 MCL 700.424B AND 700.424C, REGARDING THE CHILD.
9 (H) A CHILD HAS A GUARDIAN APPOINTED UNDER THE REVISED PRO-
10 BATE CODE, 1978 PA 642, MCL 700.1 TO 700.993, AND BOTH OF THE
11 FOLLOWING ARE TRUE CONCERNING THE CHILD'S PARENT:
12 (i) HAVING THE ABILITY TO SUPPORT OR ASSIST IN SUPPORTING
13 THE CHILD, THE CHILD'S PARENT FAILS OR NEGLECTS, WITHOUT GOOD
14 CAUSE, TO PROVIDE REGULAR AND SUBSTANTIAL SUPPORT FOR THE CHILD
15 FOR A PERIOD OF 2 YEARS OR MORE BEFORE THE FILING OF THE PETITION
16 OR, IF A SUPPORT ORDER HAS BEEN ENTERED, FAILS TO SUBSTANTIALLY
17 COMPLY WITH THE ORDER FOR A PERIOD OF 2 YEARS OR MORE BEFORE THE
18 FILING OF THE PETITION.
19 (ii) HAVING THE ABILITY TO VISIT, CONTACT, OR COMMUNICATE
20 WITH THE CHILD, THE CHILD'S PARENT REGULARLY AND SUBSTANTIALLY
21 FAILS OR NEGLECTS, WITHOUT GOOD CAUSE, TO DO SO FOR A PERIOD OF 2
22 YEARS OR MORE BEFORE THE FILING OF THE PETITION.
23 Sec. 2. The court has the following authority and
24 jurisdiction:
25 (a) Exclusive original jurisdiction superior to and regard-
26 less of the jurisdiction of any other court in proceedings
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1 concerning a juvenile under 17 years of age who is found within
2 the county if 1 or more of the following applies:
3 (1) Except as otherwise provided in this sub-subdivision,
4 the juvenile has violated any municipal ordinance or law of the
5 state or of the United States. The court has jurisdiction over a
6 juvenile 14 years of age or older who is charged with a specified
7 juvenile violation only if the prosecuting attorney files a peti-
8 tion in the court instead of authorizing a complaint and
9 warrant. As used in this sub-subdivision, "specified juvenile
10 violation" means any of the following:
11 (A) A violation of section 72, 83, 86, 89, 91, 316, 317,
12 349, 520b, 529, 529a, or 531 of the Michigan penal code, Act
13 No. 328 of the Public Acts of 1931, being sections 1931 PA 328,
14 MCL 750.72, 750.83, 750.86, 750.89, 750.91, 750.316, 750.317,
15 750.349, 750.520b, 750.529, 750.529a, and 750.531. of the
16 Michigan Compiled Laws.
17 (B) A violation of section 84 or 110a(2) of Act No. 328 of
18 the Public Acts of 1931, being sections 750.84 and 750.110a of
19 the Michigan Compiled Laws THE MICHIGAN PENAL CODE, 1931 PA 328,
20 MCL 750.84 AND 750.110A, if the juvenile is armed with a danger-
21 ous weapon. As used in this paragraph, "dangerous weapon" means
22 1 or more of the following:
23 (i) A loaded or unloaded firearm, whether operable or
24 inoperable.
25 (ii) A knife, stabbing instrument, brass knuckles, black-
26 jack, club, or other object specifically designed or customarily
27 carried or possessed for use as a weapon.
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1 (iii) An object that is likely to cause death or bodily
2 injury when used as a weapon and that is used as a weapon or car-
3 ried or possessed for use as a weapon.
4 (iv) An object or device that is used or fashioned in a
5 manner to lead a person to believe the object or device is an
6 object or device described in subparagraphs (i) to (iii).
7 (C) A violation of section 186a of Act No. 328 of the
8 Public Acts of 1931, being section 750.186a of the Michigan
9 Compiled Laws THE MICHIGAN PENAL CODE, 1931 PA 328,
10 MCL 750.186A, regarding escape or attempted escape from a juve-
11 nile facility, but only if the juvenile facility from which the
12 individual escaped or attempted to escape was 1 of the
13 following:
14 (i) A high-security or medium-security facility operated by
15 the family independence agency.
16 (ii) A high-security facility operated by a private agency
17 under contract with the family independence agency.
18 (D) A violation of section 7401(2)(a)(i) or 7403(2)(a)(i) of
19 the public health code, Act No. 368 of the Public Acts of 1978,
20 being sections 333.7401 and 333.7403 of the Michigan Compiled
21 Laws 1978 PA 368, MCL 333.7401 AND 333.7403.
22 (E) An attempt to commit a violation described in paragraphs
23 (A) to (D).
24 (F) Conspiracy to commit a violation described in paragraphs
25 (A) to (D).
26 (G) Solicitation to commit a violation described in
27 paragraphs (A) to (D).
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1 (H) Any lesser included offense of a violation described in
2 paragraphs (A) to (G) if the individual is charged with a viola-
3 tion described in paragraphs (A) to (G).
4 (I) Any other violation arising out of the same transaction
5 as a violation described in paragraphs (A) to (G) if the individ-
6 ual is charged with a violation described in paragraphs (A) to
7 (G).
8 (2) The juvenile has deserted his or her home without suffi-
9 cient cause and the court finds on the record that the juvenile
10 has been placed or refused alternative placement or the juvenile
11 and the juvenile's parent, guardian, or custodian have exhausted
12 or refused family counseling.
13 (3) The juvenile is repeatedly disobedient to the reasonable
14 and lawful commands of his or her parents, guardian, or custodian
15 and the court finds on the record by clear and convincing evi-
16 dence that court-accessed services are necessary.
17 (4) The juvenile willfully and repeatedly absents himself or
18 herself from school or other learning program intended to meet
19 the juvenile's educational needs, or repeatedly violates rules
20 and regulations of the school or other learning program, and the
21 court finds on the record that the juvenile, the juvenile's
22 parent, guardian, or custodian, and school officials or learning
23 program personnel have met on the juvenile's educational prob-
24 lems, and educational counseling and alternative agency help have
25 been sought. As used in this sub-subdivision only, "learning
26 program" means an organized educational program that is
27 appropriate, given the age, intelligence, ability, and any
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1 psychological limitations of a juvenile, in the subject areas of
2 reading, spelling, mathematics, science, history, civics, writ-
3 ing, and English grammar.
4 (b) Jurisdiction in proceedings concerning any juvenile
5 under 18 years of age found within the county : WHO IS THE
6 VICTIM OF FIRST, SECOND, OR THIRD DEGREE CHILD MISTREATMENT.
7 (1) Whose parent or other person legally responsible for
8 the care and maintenance of the juvenile, when able to do so,
9 neglects or refuses to provide proper or necessary support, edu-
10 cation, medical, surgical, or other care necessary for his or her
11 health or morals, who is subject to a substantial risk of harm to
12 his or her mental well-being, who is abandoned by his or her par-
13 ents, guardian, or other custodian, or who is without proper cus-
14 tody or guardianship. As used in this sub-subdivision:
15 (A) "Education" means learning based on an organized educa-
16 tional program that is appropriate, given the age, intelligence,
17 ability, and any psychological limitations of a juvenile, in the
18 subject areas of reading, spelling, mathematics, science, histo-
19 ry, civics, writing, and English grammar.
20 (B) "Without proper custody or guardianship" does not mean a
21 parent has placed the juvenile with another person who is legally
22 responsible for the care and maintenance of the juvenile and who
23 is able to and does provide the juvenile with proper care and
24 maintenance.
25 (2) Whose home or environment, by reason of neglect, cruel-
26 ty, drunkenness, criminality, or depravity on the part of a
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1 parent, guardian, or other custodian, is an unfit place for the
2 juvenile to live in.
3 (3) Whose parent has substantially failed, without good
4 cause, to comply with a limited guardianship placement plan
5 described in section 424a of the revised probate code, Act
6 No. 642 of the Public Acts of 1978, being section 700.424a of the
7 Michigan Compiled Laws, regarding the juvenile.
8 (4) Whose parent has substantially failed, without good
9 cause, to comply with a court-structured plan described in
10 section 424b or 424c of the revised probate code, Act No. 642 of
11 the Public Acts of 1978, being sections 700.424b and 700.424c of
12 the Michigan Compiled Laws, regarding the juvenile.
13 (5) If the juvenile has a guardian under the revised probate
14 code, Act No. 642 of the Public Acts of 1978, being sections
15 700.1 to 700.993 of the Michigan Compiled Laws, and the
16 juvenile's parent meets both of the following criteria:
17 (A) The parent, having the ability to support or assist in
18 supporting the juvenile, has failed or neglected, without good
19 cause, to provide regular and substantial support for the juve-
20 nile for a period of 2 years or more before the filing of the
21 petition or, if a support order has been entered, has failed to
22 substantially comply with the order for a period of 2 years or
23 more before the filing of the petition.
24 (B) The parent, having the ability to visit, contact, or
25 communicate with the juvenile, has regularly and substantially
26 failed or neglected, without good cause, to do so for a period of
27 2 years or more before the filing of the petition.
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1 If a petition is filed in the court alleging that a juvenile
2 is within the provisions of subdivision (b)(1), (2), (3), (4), or
3 (5), and the custody of that juvenile is subject to the prior or
4 continuing order of another court of record of this state, the
5 manner of notice to the other court of record and the authority
6 of the court to proceed is governed by rule of the supreme
7 court.
8 (c) Jurisdiction over juveniles under 18 years of age,
9 jurisdiction of whom has been waived to the family division of
10 circuit court by a circuit court pursuant to a provision in a
11 temporary order for custody of juveniles based upon a complaint
12 for divorce or upon a motion pursuant to a complaint for divorce
13 by the prosecuting attorney, in a divorce judgment dissolving a
14 marriage between the parents of the juveniles, or by an amended
15 judgment relative to the custody of the juvenile in a divorce.
16 (d) If the court finds on the record that voluntary services
17 have been exhausted or refused, concurrent jurisdiction in pro-
18 ceedings concerning any A juvenile between the ages of 17 and
19 18 found within the county:
20 (1) Who is repeatedly addicted to the use of drugs or the
21 intemperate use of alcoholic liquors.
22 (2) Who repeatedly associates with criminal, dissolute, or
23 disorderly persons.
24 (3) Who is found of his or her own free will and knowledge
25 in a house of prostitution, assignation, or ill-fame.
26 (4) Who repeatedly associates with thieves, prostitutes,
27 pimps, or procurers.
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1 (5) Who is willfully disobedient to the reasonable and
2 lawful commands of his or her parents, guardian, or other custo-
3 dian and is in danger of becoming morally depraved.
4 If any juvenile is brought before the family division of
5 circuit court in a county other than that in which the juvenile
6 resides, the court may, before a hearing and with the consent of
7 the judge of the family division of circuit court in the county
8 of residence, enter an order transferring the jurisdiction of the
9 matter to the court of the county of residence. The order is not
10 a legal settlement as defined in section 55 of the social welfare
11 act, Act No. 280 of the Public Acts of 1939, being section 400.55
12 of the Michigan Compiled Laws. The order, together with a certi-
13 fied copy of the proceedings in the transferring court, shall be
14 delivered to the court of the county or circuit of residence. A
15 case designated as a case in which the juvenile shall be tried in
16 the same manner as an adult under section 2d of this chapter may
17 be transferred for venue or for juvenile disposition, but shall
18 not be transferred on grounds of residency. If the case is not
19 transferred, the case shall be tried by the the family division
20 of circuit court having jurisdiction of the offense.
21 (e) Authority to establish or assist in developing a program
22 or programs within the county to prevent delinquency and provide
23 services to act upon reports submitted to the court related to
24 the behavior of juveniles who do not require formal court juris-
25 diction but otherwise fall within subdivision (a). These serv-
26 ices shall be used only if they are voluntarily accepted by the
27 juvenile and his or her parents, guardian, or custodian.
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1 (f) If the court operates a detention home for juveniles
2 within the court's jurisdiction under subdivision (a)(1), author-
3 ity to place a juvenile within that home pending trial if the
4 juvenile is within the circuit court's jurisdiction under section
5 606 of the revised judicature act of 1961, Act No. 236 of the
6 Public Acts of 1961, being section 600.606 of the Michigan
7 Compiled Laws 1961 PA 236, MCL 600.606, or within the recorder's
8 court of the city of Detroit's jurisdiction under section
9 10a(1)(c) of Act No. 369 of the Public Acts of 1919, being sec-
10 tion 725.10a of the Michigan Compiled Laws 1919 PA 369,
11 MCL 750.10A, and if the circuit court or the recorder's court of
12 the city of Detroit orders the family division of circuit court
13 in the same county to place the juvenile in that home. The
14 family division of circuit court shall comply with that order.
15 (g) Authority to place a juvenile in a county jail under
16 section 27a of chapter IV of the code of criminal procedure, Act
17 No. 175 of the Public Acts of 1927, being section 764.27a of the
18 Michigan Compiled Laws 1927 PA 175, MCL 764.27A, if the case is
19 designated by the court under section 2d of this chapter as a
20 case in which the juvenile is to be tried in the same manner as
21 an adult, and the court has determined that there is probable
22 cause to believe that the offense was committed and that there is
23 probable cause to believe the juvenile committed that offense.
24 (H) IF A CHILD IS BROUGHT BEFORE THE JUVENILE DIVISION OF
25 THE PROBATE COURT IN A COUNTY OTHER THAN THAT IN WHICH THE CHILD
26 RESIDES, THE COURT MAY ENTER AN ORDER AT ANY STAGE OF THE
27 PROCEEDING TRANSFERRING THE JURISDICTION OF THE MATTER TO THE
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1 COURT OF THE COUNTY OF RESIDENCE, WHICH SHALL NOT BE CONSTRUED AS
2 A LEGAL SETTLEMENT AS DEFINED IN SECTION 55 OF THE SOCIAL WELFARE
3 ACT, 1939 PA 280, MCL 400.55, WITH THE CONSENT OF THE PROBATE
4 JUDGE OF THE COUNTY OF RESIDENCE. THE ORDER, TOGETHER WITH A
5 CERTIFIED COPY OF THE PROCEEDINGS IN THE TRANSFERRING COURT,
6 SHALL BE DELIVERED TO THE COURT OF THE COUNTY OF RESIDENCE. A
7 CASE DESIGNATED AS A CASE IN WHICH THE JUVENILE SHALL BE TRIED IN
8 THE SAME MANNER AS AN ADULT UNDER SECTION 2D OF THIS CHAPTER MAY
9 BE TRANSFERRED FOR VENUE OR FOR JUVENILE DISPOSITION, BUT SHALL
10 NOT BE TRANSFERRED ON GROUNDS OF RESIDENCY. IF THE CASE IS NOT
11 TRANSFERRED, THE CASE SHALL BE TRIED BY THE THE FAMILY DIVISION
12 OF CIRCUIT COURT HAVING JURISDICTION OF THE OFFENSE.
13 Sec. 13a. (1) As used in this section and sections 18f,
14 19, 19a, 19b, and 19c of this chapter:
15 (a) "Agency" means a public or private organization, insti-
16 tution, or facility responsible under court order or contractual
17 arrangement for the care and supervision of a juvenile.
18 (b) "Foster care" means care provided to a juvenile in a
19 foster family home, foster family group home, or juvenile caring
20 institution licensed or approved under Act No. 116 of the Public
21 Acts of 1973, being sections 722.111 to 722.128 of the Michigan
22 Compiled Laws, or care provided to a juvenile in a relative's
23 home under an order of the court.
24 (1) (2) If a juvenile is alleged to be within the provi-
25 sions of section 2(b) of this chapter, the court may authorize a
26 petition to be filed at the conclusion of the preliminary hearing
27 or inquiry. The petition may be authorized upon a showing of
00072'97
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1 probable cause that 1 or more of the allegations in the petition
2 are true and fall within the provisions of section 2(b) of this
3 chapter.
4 (2) (3) If a petition under subsection (2) (1) is autho-
5 rized AND THE COURT FINDS THAT THERE IS NOT PROBABLE CAUSE TO
6 BELIEVE THE JUVENILE IS A VICTIM OF FIRST DEGREE CHILD
7 MISTREATMENT, the court may release the juvenile in the custody
8 of either of the juvenile's parents or the juvenile's guardian
9 or custodian under reasonable terms and conditions necessary for
10 either the juvenile's physical health or mental well-being.
11 (3) (4) If a petition alleging abuse by a parent, guardi-
12 an, custodian, or other person INDIVIDUAL residing in the
13 juvenile's home is authorized under subsection (2) (1) and the
14 court after a hearing finds probable cause to believe the parent,
15 guardian, custodian, or other person INDIVIDUAL committed the
16 abuse, the court may order that parent, guardian, custodian, or
17 other person INDIVIDUAL to leave the home and not subsequently
18 return to it, except as the court orders, and may release the
19 juvenile to the other parent or to another guardian or
20 custodian. The court shall not enter an order under this subsec-
21 tion unless the court determines FINDS all of the following:
22 (a) The presence in the home of the person INDIVIDUAL who
23 is alleged to have committed the abuse presents a substantial
24 risk of harm to the juvenile's life, physical health, or mental
25 well-being.
26 (b) Removing the person INDIVIDUAL who is alleged to have
27 committed the abuse is necessary to adequately safeguard the
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1 juvenile from the risk of harm to the juvenile's life, physical
2 health, or mental well-being.
3 (c) The conditions of custody with the other parent or
4 another guardian or custodian are adequate to safeguard the juve-
5 nile from the risk of harm to the juvenile's life, physical
6 health, or mental well-being.
7 (d) It is in the best interests of the juvenile for the
8 juvenile to remain in the home.
9 (4) (5) In determining whether to enter an order under
10 subsection (4) (3), the court may consider whether the parent
11 who is to remain in the juvenile's home is married to the
12 person INDIVIDUAL to be removed or has a legal right to retain
13 possession of the home.
14 (5) (6) An order entered under subsection (4) (3) may
15 also contain 1 or more of the following terms or conditions:
16 (a) The court may require the alleged abusive parent to pay
17 appropriate support to maintain a suitable home environment for
18 the juvenile during the duration of the order.
19 (b) The court may order the alleged abusive person
20 INDIVIDUAL, according to terms the court may set, to surrender to
21 a local law enforcement agency any firearms or other potentially
22 dangerous weapons the alleged abusive person INDIVIDUAL owns,
23 possesses, or uses.
24 (c) The court may include any reasonable term or condition
25 necessary for the juvenile's physical or mental well-being or
26 necessary to protect the juvenile.
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1 (6) (7) If a petition under subsection (2) (1) is
2 authorized, the court may order placement of the juvenile with
3 someone other than a parent if the court after hearing
4 determines that both of the following conditions exist:
5 (a) Custody FINDS THAT THERE IS PROBABLE CAUSE TO BELIEVE
6 THAT THE JUVENILE IS A VICTIM OF SECOND OR THIRD DEGREE CHILD
7 MISTREATMENT AND CUSTODY of the juvenile with a parent, guardian,
8 or custodian presents a substantial risk of harm to the
9 juvenile's life, physical health, or mental well-being and no
10 provision of service or other arrangement except removal of the
11 juvenile is reasonably available to adequately safeguard the
12 juvenile from that risk.
13 (b) Conditions of custody of the juvenile away from a
14 parent, guardian, or custodian are adequate to safeguard the
15 juvenile's health and welfare.
16 (7) IF A PETITION UNDER SUBSECTION (1) IS AUTHORIZED, THE
17 COURT SHALL ORDER PLACEMENT OF THE JUVENILE WITH SOMEONE OTHER
18 THAN THE ALLEGED PERPETRATOR IF THE COURT AFTER HEARING FINDS
19 THAT THERE IS PROBABLE CAUSE TO BELIEVE THAT THE JUVENILE IS A
20 VICTIM OF FIRST DEGREE CHILD MISTREATMENT, UNLESS THE PARENT,
21 GUARDIAN, CUSTODIAN, JUVENILE, OR AGENCY DEMONSTRATES THAT IT IS
22 IN THE JUVENILE'S BEST INTERESTS TO REMAIN WITH THE ALLEGED
23 PERPETRATOR. THE COURT SHALL STATE ON THE RECORD THE REASONS FOR
24 PLACING THE JUVENILE WITH THE ALLEGED PERPETRATOR.
25 (8) If the court orders placement of the juvenile outside
26 the juvenile's home, the court shall inform the parties of the
27 following:
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1 (a) The agency has the responsibility to prepare an initial
2 services plan within 30 days of the juvenile's placement.
3 (b) The general elements of an initial services plan as
4 required by the rules promulgated under Act No. 116 of the
5 Public Acts of 1973 1973 PA 116, MCL 722.111 TO 722.128.
6 (c) Without a court order, participation in an initial serv-
7 ices plan is voluntary.
8 (9) In determining A JUVENILE'S placement of a juvenile
9 pending trial, the court shall order the juvenile placed in the
10 most family-like setting available consistent with the JUVENILE'S
11 needs. of the juvenile.
12 (10) Unless parenting time, even if supervised, would be
13 harmful to the juvenile, the juvenile's parent shall be permitted
14 to have parenting time frequently with the juvenile.
15 (10) (11) Upon the motion of any A party, the court
16 shall review custody and placement orders and initial services
17 plans pending trial and may modify those orders and plans as the
18 court considers under this section are in the JUVENILE'S best
19 interests. of the juvenile.
20 (12) As used in subsection (4), "abuse" means 1 or more of
21 the following:
22 (a) Harm or threatened harm by a person to a juvenile's
23 health or welfare that occurs through nonaccidental physical or
24 mental injury.
25 (b) Engaging in sexual contact or sexual penetration as
26 defined in section 520a of the Michigan penal code, Act No. 328
00072'97
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1 of the Public Acts of 1931, being section 750.520a of the
2 Michigan Compiled Laws, with a juvenile.
3 (c) Sexual exploitation of a juvenile, which includes, but
4 is not limited to, allowing, permitting, or encouraging a juve-
5 nile to engage in prostitution or allowing, permitting, encourag-
6 ing, or engaging in photographing, filming, or depicting a juve-
7 nile engaged in a listed sexual act as defined in section 145c of
8 Act No. 328 of the Public Acts of 1931, being section 750.145c of
9 the Michigan Compiled Laws.
10 (d) Maltreatment of a juvenile.
11 SEC. 13B. IF A CHILD IS PHYSICALLY SEPARATED FROM A PARENT,
12 GUARDIAN, OR OTHER CUSTODIAN BECAUSE THE COURT FINDS PROBABLE
13 CAUSE TO BELIEVE THE CHILD IS A VICTIM OF CHILD MISTREATMENT,
14 PARENTING TIME SHALL BE PROVIDED ONLY IN ACCORDANCE WITH 1 OF THE
15 FOLLOWING:
16 (A) IF THE COURT FINDS PROBABLE CAUSE OF FIRST DEGREE CHILD
17 MISTREATMENT, THE COURT SHALL NOT ALLOW PARENTING TIME BY THE
18 ALLEGED PERPETRATOR UNLESS A PARENT, GUARDIAN, OR OTHER CUSTODI-
19 AN, THE CHILD, OR THE AGENCY DEMONSTRATES THAT PARENTING TIME IS
20 IN THE CHILD'S BEST INTERESTS. THE COURT SHALL STATE ON THE
21 RECORD THE REASONS FOR ALLOWING PARENTING TIME UNDER THIS
22 SUBDIVISION.
23 (B) IF THE COURT FINDS PROBABLE CAUSE OF SECOND DEGREE CHILD
24 MISTREATMENT, THE COURT SHALL NOT ALLOW PARENTING TIME BY THE
25 ALLEGED PERPETRATOR UNTIL 30 DAYS AFTER THE DATE OF THE CHILD'S
26 SEPARATION FROM THE PERPETRATOR, UNLESS A PARENT, GUARDIAN, OR
27 OTHER CUSTODIAN, THE CHILD, OR THE AGENCY DEMONSTRATES THAT
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1 PARENTING TIME IS IN THE CHILD'S BEST INTERESTS. IN ITS
2 DISCRETION, THE COURT MAY ALLOW PARENTING TIME WITH THE ALLEGED
3 PERPETRATOR AFTER THE 30-DAY PERIOD WITH SUPERVISION. THE COURT
4 SHALL STATE ON THE RECORD THE REASONS FOR ALLOWING PARENTING TIME
5 UNDER THIS SUBDIVISION.
6 (C) IF THE COURT FINDS PROBABLE CAUSE OF THIRD DEGREE CHILD
7 MISTREATMENT, THE COURT SHALL ALLOW FREQUENT PARENTING TIME BY
8 THE ALLEGED PERPETRATOR UNLESS PARENTING TIME, EVEN IF SUPER-
9 VISED, IS NOT IN THE CHILD'S BEST INTERESTS. THE COURT SHALL
10 STATE ON THE RECORD THE REASONS FOR DENYING PARENTING TIME UNDER
11 THIS SUBDIVISION.
12 Sec. 14. (1) Any local police officer, sheriff or deputy
13 sheriff, state police officer, county agent A LAW ENFORCEMENT
14 OFFICER or probation officer of any A court of record may,
15 without the order of the court, immediately take into custody
16 any A child who is found violating any A law or ordinance. ,
17 or whose surroundings are such as to endanger his or her health,
18 morals, or welfare. If such an IF THE officer or county agent
19 takes a child coming within the provisions of this chapter into
20 custody, he or she shall immediately attempt to notify the
21 CHILD'S parent or parents, guardian, or custodian. While await-
22 ing the arrival of the parent or parents, guardian, or custodian,
23 a child under the age of 17 years taken into custody under the
24 provisions of this chapter shall not be held in any A detention
25 facility unless the child is completely isolated so as to prevent
26 any verbal, visual, or physical contact with any AN adult
27 prisoner. Unless the child requires immediate detention as
00072'97
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1 provided for in this act, the officer shall accept the written
2 promise of the parent or parents, guardian, or custodian, to
3 bring the child to the court at a time fixed therein IN THAT
4 PROMISE. The child shall then be released to the custody of the
5 parent or parents, guardian, or custodian.
6 (2) If a child is not released under subsection (1), the
7 child and his or her parents, guardian, or custodian, if they can
8 be located, shall immediately be brought before the court for a
9 preliminary hearing on the status of the child, and an order
10 signed by a judge of probate or a referee authorizing the filing
11 of a complaint shall be entered or the child shall be released to
12 his or her parent or parents, guardian, or custodian.
13 (3) If a complaint is authorized under subsection (2), the
14 order shall state where the child is to be placed, pending inves-
15 tigation and hearing, which placement may be in any of the
16 following:
17 (a) In the home of the child's parent, guardian, or
18 custodian.
19 (b) If a child is within the court's jurisdiction under sec-
20 tion 2(a) of this chapter, in a suitable foster care home subject
21 to the court's supervision. Except as otherwise provided in
22 subsections (4) and (5), if a child is within the court's juris-
23 diction under section 2(b) of this chapter, the court shall not
24 place a child in a foster care home subject to the court's
25 supervision.
26 (c) In a child care institution or child placing agency
27 licensed by the state department of social services FAMILY
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1 INDEPENDENCE AGENCY to receive for care children within the
2 jurisdiction of the court.
3 (d) In a suitable place of detention.
4 (4) Except as otherwise provided in subsection (5), if a
5 court is providing at the time of the enactment of this subsec-
6 tion foster care home services subject to the court's supervision
7 to children within section 2(b) of this chapter, the court may
8 continue to provide those services through December 31, 1989.
9 Beginning January 1, 1990, the court shall discontinue providing
10 those services.
11 (5) If a court located in a county with a population in
12 excess of 650,000 is providing at the time of the enactment of
13 this subsection foster care home services subject to the court's
14 supervision to children within section 2(b) of this chapter, the
15 court may continue to provide those services through
16 December 31, 1991. Beginning January 1, 1992, the court shall
17 discontinue those services.
18 SEC. 14A. (1) A LAW ENFORCEMENT OFFICER OR PROBATION OFFI-
19 CER OF A COURT OF RECORD MAY, WITHOUT THE ORDER OF THE COURT,
20 IMMEDIATELY REMOVE A CHILD FROM THE CHILD'S SURROUNDINGS AND TAKE
21 THE CHILD INTO TEMPORARY CUSTODY, IF, AFTER INVESTIGATION, THE
22 OFFICER HAS REASONABLE GROUNDS TO CONCLUDE THAT THE CHILD'S
23 HEALTH, SAFETY, OR WELFARE IS ENDANGERED. THE OFFICER MAY DETAIN
24 THE CHILD IN PROTECTIVE CUSTODY UNTIL THE NEXT REGULAR BUSINESS
25 DAY OF THE PROBATE COURT.
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1 (2) A LAW ENFORCEMENT OFFICER OR PROBATION OFFICER WHO TAKES
2 A CHILD INTO CUSTODY UNDER THIS SECTION SHALL DO ALL OF THE
3 FOLLOWING:
4 (A) IMMEDIATELY ATTEMPT TO NOTIFY THE CHILD'S PARENT, GUARD-
5 IAN, OR CUSTODIAN OF THE PLACEMENT OF THE CHILD.
6 (B) ATTEMPT TO INFORM THE PARENT, GUARDIAN, OR CUSTODIAN
7 THAT THE CHILD WILL BE DETAINED IN PROTECTIVE CUSTODY UNTIL THE
8 NEXT REGULAR BUSINESS DAY OF THE PROBATE COURT.
9 (C) IMMEDIATELY CONTACT THE FAMILY INDEPENDENCE AGENCY FOR
10 PLACEMENT PENDING PRELIMINARY HEARING.
11 (3) AN AGENT FROM THE FAMILY INDEPENDENCE AGENCY WHO IS
12 INFORMED BY AN OFFICER THAT A CHILD IS TO BE DETAINED UNDER THIS
13 SECTION SHALL FIND SUITABLE TEMPORARY PLACEMENT FOR THE CHILD
14 PENDING A PRELIMINARY HEARING OR OTHER DISPOSITION OF THE
15 MATTER.
16 (4) IF THE OFFICER OR FAMILY INDEPENDENCE AGENCY'S AGENT
17 FINDS THERE IS PROBABLE CAUSE TO BELIEVE THAT THE CHILD IS THE
18 VICTIM OF FIRST OR SECOND DEGREE CHILD MISTREATMENT, THE OFFICER
19 OR THE AGENT SHALL FILE A PETITION TO INITIATE CHILD PROTECTIVE
20 PROCEEDINGS AS PROVIDED IN SECTION 13A OF THIS CHAPTER.
21 (5) THE OFFICER OR AGENT SHALL ENSURE THAT NOTICE IS PRO-
22 VIDED TO THE CHILD'S PARENT, GUARDIAN, OR CUSTODIAN OF THE TIME,
23 DATE, AND PLACE OF THE PRELIMINARY HEARING ON THE PETITION.
24 Sec. 18. (1) If the court finds that a juvenile concerning
25 whom a petition is filed is not within this chapter, the court
26 shall enter an order dismissing the petition. Except as
27 otherwise provided in subsection (10) OR SECTION 18K OF THIS
00072'97
27
1 CHAPTER, if the court finds that a juvenile is within this
2 chapter, the court may enter any of the following orders of dis-
3 position that are appropriate for the welfare of the juvenile and
4 society in view of the facts proven and ascertained:
5 (a) Warn the juvenile or the juvenile's parents, guardian,
6 or custodian and, except as provided in subsection (7), dismiss
7 the petition.
8 (b) Place the juvenile on probation, or under supervision in
9 the juvenile's own home or in the home of an adult who is related
10 to the juvenile. As used in this subdivision, "related" means
11 being a parent, grandparent, brother, sister, stepparent, step-
12 sister, stepbrother, uncle, or aunt by marriage, blood, or
13 adoption. The court shall order the terms and conditions of pro-
14 bation or supervision, including reasonable rules for the conduct
15 of the parents, guardian, or custodian, if any, as the court
16 determines necessary for the physical, mental, or moral
17 well-being and behavior of the juvenile.
18 (c) If a juvenile is within the court's jurisdiction under
19 section 2(a) of this chapter, place the juvenile in a suitable
20 foster care home subject to the court's supervision. If a juve-
21 nile is within the court's jurisdiction under section 2(b) of
22 this chapter, the court shall not place a juvenile in a foster
23 care home subject to the court's supervision.
24 (d) Place the juvenile in or commit the juvenile to a pri-
25 vate institution or agency approved or licensed by the family
26 independence agency for the care of juveniles of similar age,
27 sex, and characteristics.
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1 (e) Commit the juvenile to a public institution, county
2 facility, institution operated as an agency of the court or
3 county, or agency authorized by law to receive juveniles of simi-
4 lar age, sex, and characteristics. In a placement under subdivi-
5 sion (d) or a commitment under this subdivision, except to a
6 state institution, the religious affiliation of the juvenile
7 shall be protected by placement or commitment to a private
8 child-placing or child-caring agency or institution, if
9 available. In every order of commitment under this subdivision
10 to a state institution or agency described in the youth rehabili-
11 tation services act, Act No. 150 of the Public Acts of 1974,
12 being sections 803.301 to 803.309 of the Michigan Compiled Laws,
13 or in Act No. 220 of the Public Acts of 1935, being sections
14 400.201 to 400.214 of the Michigan Compiled Laws 1974 PA 150,
15 MCL 803.301 TO 803.309, OR IN 1935 PA 220, MCL 400.201 TO
16 400.214, the court shall name the superintendent of the institu-
17 tion to which the juvenile is committed as a special guardian to
18 receive benefits due the juvenile from the government of the
19 United States, and the benefits shall be used to the extent nec-
20 essary to pay for the portions of the cost of care in the insti-
21 tution that the parent or parents are found unable to pay.
22 (f) Provide the juvenile with medical, dental, surgical, or
23 other health care, in a local hospital if available, or else-
24 where, maintaining as much as possible a local physician-patient
25 relationship, and with clothing and other incidental items as the
26 court considers necessary.
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1 (g) Order the parents, guardian, custodian, or any other
2 person to refrain from continuing conduct that the court
3 determines has caused or tended to cause the juvenile to come
4 within or to remain under this chapter, or that obstructs place-
5 ment or commitment of the juvenile pursuant to an order under
6 this section.
7 (h) Appoint a guardian under section 424 of the revised pro-
8 bate code, Act No. 642 of the Public Acts of 1978, being section
9 700.424 of the Michigan Compiled Laws 1978 PA 642, MCL 700.424,
10 pursuant to a petition filed with the court by a person inter-
11 ested in the welfare of the juvenile. If the court appoints a
12 guardian pursuant to this subdivision, it may enter an order dis-
13 missing the petition under this chapter.
14 (i) Order the juvenile to engage in community service.
15 (j) If the court finds that a juvenile has violated a munic-
16 ipal ordinance or a state or federal law, order the juvenile to
17 pay a civil fine in the amount of the civil or penal fine pro-
18 vided by the ordinance or law. Money collected from fines levied
19 under this subsection shall be distributed as provided in section
20 29 of this chapter.
21 (k) Order the juvenile to pay court costs. Money collected
22 from costs ordered under this subsection shall be distributed as
23 provided in section 29 of this chapter.
24 (l) If a juvenile is within the court's jurisdiction under
25 section 2(a)(1) of this chapter, order the juvenile's parent or
26 guardian to personally participate in treatment reasonably
27 available in the parent's or guardian's location.
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1 (m) If a juvenile is within the court's jurisdiction under
2 section 2(a)(1) of this chapter, place the juvenile in and order
3 the juvenile to complete satisfactorily a program of training in
4 a juvenile boot camp established by the family independence
5 agency under the juvenile boot camp act, 1996 PA 263,
6 MCL 400.1301 TO 400.1309, as provided in that act. Upon receiv-
7 ing a report of satisfactory completion of the program from the
8 family independence agency, the court shall authorize the
9 juvenile's release from placement in the juvenile boot camp.
10 Following satisfactory completion of the juvenile boot camp pro-
11 gram, the juvenile shall complete an additional period of not
12 less than 120 days or more than 180 days of intensive supervised
13 community reintegration in the juvenile's local community. To
14 place a juvenile in a juvenile boot camp program, the court shall
15 determine all of the following:
16 (i) Placement in a juvenile boot camp will benefit the
17 juvenile.
18 (ii) The juvenile is physically able to participate in the
19 program.
20 (iii) The juvenile does not appear to have any mental handi-
21 cap that would prevent participation in the program.
22 (iv) The juvenile will not be a danger to other juveniles in
23 the boot camp.
24 (v) There is an opening in a juvenile boot camp program.
25 (n) If the court entered a judgment of conviction under sec-
26 tion 2d of this chapter, enter any disposition under this section
27 or, if the court determines that the best interests of the public
00072'97
31
1 would be served, impose any sentence upon the juvenile that could
2 be imposed upon an adult convicted of the offense for which the
3 juvenile was convicted. If the juvenile is convicted of a viola-
4 tion or conspiracy to commit a violation of section 7401(2)(a)(i)
5 or 7403(2)(a)(i) of the public health code, Act No. 368 of the
6 Public Acts of 1978, being sections 333.7401 and 333.7403 of the
7 Michigan Compiled Laws 1978 PA 368, MCL 333.7401 AND 333.7403,
8 the court may impose the alternative sentence permitted under
9 those sections if the court determines that the best interests of
10 the public would be served. The court may delay imposing a sen-
11 tence of imprisonment under this subdivision for a period not
12 longer than the period during which the court has jurisdiction
13 over the juvenile under this chapter by entering an order of dis-
14 position delaying imposition of sentence and placing the juvenile
15 on probation upon the terms and conditions it considers appropri-
16 ate, including any disposition under this section. If the court
17 delays imposing sentence under this section, section 18i of this
18 chapter applies. If the court imposes sentence, it shall enter a
19 judgment of sentence. If the court imposes a sentence of impris-
20 onment, the juvenile shall receive credit against the sentence
21 for time served before sentencing. In determining whether to
22 enter an order of disposition or impose a sentence under this
23 subdivision, the court shall consider all of the following fac-
24 tors, giving greater weight to the seriousness of the offense and
25 the juvenile's prior record:
26 (i) The seriousness of the offense in terms of community
27 protection, including, but not limited to, the existence of any
00072'97
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1 aggravating factors recognized by the sentencing guidelines, the
2 use of a firearm or other dangerous weapon, and the impact on any
3 victim.
4 (ii) The culpability of the juvenile in committing the
5 offense, including, but not limited to, the level of the
6 juvenile's participation in planning and carrying out the offense
7 and the existence of any aggravating or mitigating factors recog-
8 nized by the sentencing guidelines.
9 (iii) The juvenile's prior record of delinquency including,
10 but not limited to, any record of detention, any police record,
11 any school record, or any other evidence indicating prior delin-
12 quent behavior.
13 (iv) The juvenile's programming history, including, but not
14 limited to, the juvenile's past willingness to participate mean-
15 ingfully in available programming.
16 (v) The adequacy of the punishment or programming available
17 in the juvenile justice system.
18 (vi) The dispositional options available for the juvenile.
19 (2) An order of disposition placing a juvenile in or commit-
20 ting a juvenile to care outside of the juvenile's own home and
21 under state or court supervision shall contain a provision for
22 reimbursement by the juvenile, parent, guardian, or custodian to
23 the court for the cost of care or service. The order shall be
24 reasonable, taking into account both the income and resources of
25 the juvenile, parent, guardian, or custodian. The amount may be
26 based upon the guidelines and model schedule created under
27 subsection (6). If the juvenile is receiving an adoption support
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1 subsidy pursuant to section 115j(4) of the social welfare act,
2 Act No. 280 of the Public Acts of 1939, being section 400.115j
3 of the Michigan Compiled Laws 1939 PA 280, MCL 400.115J, the
4 amount shall not exceed the amount of the support subsidy. The
5 reimbursement provision applies during the entire period the
6 juvenile remains in care outside of the juvenile's own home and
7 under state or court supervision, unless the juvenile is in the
8 permanent custody of the court. The court shall provide for the
9 collection of all amounts ordered to be reimbursed, and the money
10 collected shall be accounted for and reported to the county board
11 of commissioners. Collections to cover delinquent accounts or to
12 pay the balance due on reimbursement orders may be made after a
13 juvenile is released or discharged from care outside the
14 juvenile's own home and under state or court supervision.
15 Twenty-five percent of all amounts collected pursuant to an order
16 entered under this subsection shall be credited to the appropri-
17 ate fund of the county to offset the administrative cost of
18 collections. The balance of all amounts collected pursuant to an
19 order entered under this subsection shall be divided in the same
20 ratio in which the county, state, and federal government partici-
21 pate in the cost of care outside the juvenile's own home and
22 under state or court supervision. The court may also collect
23 benefits paid for the cost of care of a court ward from the gov-
24 ernment of the United States. Money collected for juveniles
25 placed with or committed to the family independence agency shall
26 be accounted for and reported on an individual juvenile basis.
27 In cases of delinquent accounts, the court may also enter an
00072'97
34
1 order to intercept state or federal tax refunds of a juvenile,
2 parent, guardian, or custodian and initiate the necessary offset
3 proceedings in order to recover the cost of care or service. The
4 court shall send to the person who is the subject of the inter-
5 cept order advance written notice of the proposed offset. The
6 notice shall include notice of the opportunity to contest the
7 offset on the grounds that the intercept is not proper because of
8 a mistake of fact concerning the amount of the delinquency or the
9 identity of the person subject to the order. The court shall
10 provide for the prompt reimbursement of an amount withheld in
11 error or an amount found to exceed the delinquent amount.
12 (3) An order of disposition placing a juvenile in the
13 juvenile's own home under subsection (1)(b) may contain a provi-
14 sion for reimbursement by the juvenile, parent, guardian, or cus-
15 todian to the court for the cost of service. If an order is
16 entered under this subsection, an amount due shall be determined
17 and treated in the same manner provided for an order entered
18 under subsection (2).
19 (4) An order directed to a parent or a person other than the
20 juvenile is not effective and binding on the parent or other
21 person unless opportunity for hearing is given pursuant to issu-
22 ance of summons or notice as provided in sections 12 and 13 of
23 this chapter, and until a copy of the order, bearing the seal of
24 the court, is served on the parent or other person as provided in
25 section 13 of this chapter.
26 (5) If the court appoints an attorney to represent a
27 juvenile, parent, guardian, or custodian, the court may require
00072'97
35
1 in an order entered under this section that the juvenile, parent,
2 guardian, or custodian reimburse the court for attorney fees.
3 (6) The office of the state court administrator, under the
4 supervision and direction of the supreme court and in consulta-
5 tion with the family independence agency and the Michigan probate
6 judges association, shall create guidelines and a model schedule
7 that may be used by the court in determining the ability of the
8 juvenile, parent, guardian, or custodian to pay for care and any
9 costs of service ordered under subsection (2) or (3). The guide-
10 lines and model schedule shall take into account both the income
11 and resources of the juvenile, parent, guardian, or custodian.
12 (7) If the court finds that a juvenile comes under section
13 30 of this chapter, the court shall order the juvenile or the
14 juvenile's parent to pay restitution as provided in sections 30
15 and 31 of this chapter and in sections 44 and 45 of the crime
16 victim's rights act, Act No. 87 of the Public Acts of 1985,
17 being sections 780.794 and 780.795 of the Michigan Compiled Laws
18 1985 PA 87, MCL 780.794 AND 780.795.
19 (8) If the court imposes restitution as a condition of pro-
20 bation, the court shall require the juvenile to do either of the
21 following as an additional condition of probation:
22 (a) Engage in community service or, with the victim's con-
23 sent, perform services for the victim.
24 (b) Seek and maintain paid employment and pay restitution to
25 the victim from the earnings of that employment.
26 (9) If the court finds that the juvenile is in intentional
27 default of the payment of restitution, a court may, as provided
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1 in section 31 of this chapter, revoke or alter the terms and
2 conditions of probation for nonpayment of restitution. If a
3 juvenile who is ordered to engage in community service intention-
4 ally refuses to perform the required community service, the court
5 may revoke or alter the terms and conditions of probation.
6 (10) For the purposes of this subsection and
7 subsection (11), "juvenile offense" means that term as defined in
8 section 1a of Act No. 289 of the Public Acts of 1925, being sec-
9 tion 28.241a of the Michigan Compiled Laws 1925 PA 289,
10 MCL 28.241A. The court shall not enter an order of disposition
11 for a juvenile offense until the court has examined the court
12 file and has determined that the juvenile's fingerprints have
13 been taken as required by section 3 of Act No. 289 of the Public
14 Acts of 1925, being section 28.243 of the Michigan Compiled Laws
15 1925 PA 289, MCL 28.243. If a juvenile has not had his or her
16 fingerprints taken, the court shall do either of the following:
17 (a) Order the juvenile to submit himself or herself to the
18 police agency that arrested or obtained the warrant for the
19 arrest of the juvenile so the juvenile's fingerprints can be
20 taken.
21 (b) Order the juvenile committed to the custody of the sher-
22 iff for the taking of the juvenile's fingerprints.
23 (11) Upon disposition or dismissal of a juvenile offense,
24 the clerk of the court entering the disposition or dismissal
25 shall immediately advise the department of state police of the
26 disposition or dismissal on forms approved by the state court
27 administrator. The report to the department of state police
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1 shall include information as to the finding of the judge or jury
2 and a summary of the disposition imposed.
3 (12) If the court enters an order of disposition based on an
4 act that is a juvenile offense as defined in section 1 of Act
5 No. 196 of the Public Acts of 1989, being section 780.901 of the
6 Michigan Compiled Laws 1989 PA 196, MCL 780.901, the court shall
7 order the juvenile to pay the assessment as provided in that
8 act. If the court enters a judgment of conviction under
9 section 2d of this chapter for an offense that is a felony, seri-
10 ous misdemeanor, or specified misdemeanor as defined in section 1
11 of Act No. 196 of the Public Acts of 1989 1989 PA 196,
12 MCL 780.901, the court shall order the juvenile to pay the
13 assessment as provided in that act.
14 (13) If the court has entered an order of disposition for a
15 listed offense as defined in section 2 of the sex offenders reg-
16 istration act, Act No. 295 of the Public Acts of 1994, being
17 section 28.722 of the Michigan Compiled Laws 1994 PA 295,
18 MCL 28.722, the court or the family independence agency shall
19 register the juvenile or accept the juvenile's registration as
20 provided in the sex offenders registration act, Act No. 295 of
21 the Public Acts of 1994, being sections 28.721 to 28.732 of the
22 Michigan Compiled Laws 1994 PA 295, MCL 28.721 TO 28.732.
23 (14) If the court enters an order of disposition placing a
24 juvenile in a juvenile boot camp program and the court receives
25 from the family independence agency a report that the juvenile
26 has failed to perform satisfactorily in the program or a report
27 that the juvenile does not meet the program's requirements or is
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38
1 medically unable to participate in the program for more than 25
2 days or a report that there is not an opening in a juvenile boot
3 camp program, the court shall release the juvenile from placement
4 in the juvenile boot camp and enter an alternative order of
5 disposition. A juvenile shall not be placed in a juvenile boot
6 camp pursuant to an order of disposition more than once, except
7 that a juvenile returned to the court for a medical condition or
8 because there was not an opening in a juvenile boot camp program
9 may be placed again in the juvenile boot camp program after the
10 medical condition is corrected or an opening becomes available in
11 a juvenile boot camp program.
12 (15) The court shall not impose a sentence of imprisonment
13 in the county jail under subsection (1)(n) unless the present
14 county jail facility for the imprisonment of the juvenile would
15 meet all requirements under federal law and regulations for hous-
16 ing juveniles, and the court shall not impose the sentence until
17 it consults with the sheriff to determine when the sentence will
18 begin to ensure that space will be available for the juvenile.
19 Sec. 18f. (1) If, in a proceeding under section 2(b) of
20 this chapter, an agency advises the court against placing a child
21 in the custody of the child's parent, guardian, or custodian, the
22 agency shall report in writing to the court what efforts were
23 made to prevent the child's removal from his or her home or the
24 efforts made to rectify the conditions that caused the child's
25 removal from his or her home. The report shall include all of
26 the following:
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1 (a) If services were provided to the child and his or her
2 parent, guardian, or custodian, the services, including in-home
3 services, that were provided.
4 (b) If services were not provided to the child and his or
5 her parent, guardian, or custodian, the reasons why services were
6 not provided.
7 (c) Likely harm to the child if the child were to be sepa-
8 rated from his or her parent, guardian, or custodian.
9 (d) Likely harm to the child if the child were to be
10 returned to his or her parent, guardian, or custodian.
11 (2) Before the court enters an order of disposition in a
12 proceeding under section 2(b) of this chapter, the agency shall
13 prepare a case service plan that shall be available to the court
14 and all the parties to the proceeding.
15 (3) The case service plan shall provide for placing the
16 child in the most family-like setting available and in as close
17 proximity to the child's parents' home as is consistent with the
18 CHILD'S best interests and special needs. of the child. The
19 case service plan shall include, but IS not be limited to, the
20 following:
21 (a) The type of home or institution in which the child is to
22 be placed and the reasons for the selected placement.
23 (b) Efforts to be made by the child's parent to enable the
24 child to return to his or her home.
25 (c) Efforts to be made by the agency to return the child to
26 his or her home.
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1 (d) Schedule of services to be provided to the parent,
2 child, and if the child is to be placed in foster care, the
3 foster parent, to facilitate the child's return to his or her
4 home or to facilitate the permanent placement of the child.
5 (e) Unless parenting time, even if supervised, would be
6 harmful to the child IS NOT IN THE CHILD'S BEST INTERESTS, a
7 schedule for regular and frequent parenting time between the
8 child and his or her parent, which shall not be less than once
9 every 7 days.
10 (4) The court shall consider the case service plan, any
11 written or oral information concerning the child from the child's
12 parent, guardian, custodian, foster parent, child caring institu-
13 tion, or relative with whom the child is placed, and any other
14 evidence offered bearing on disposition before the court enters
15 an order of disposition. The order of disposition shall state
16 whether reasonable efforts have been made to prevent the child's
17 removal from his or her home or to rectify the conditions that
18 caused the child's removal from his or her home. The court may
19 order compliance with all or any part of the case service plan as
20 the court considers necessary.
21 (5) If a child continues in placement outside of the child's
22 home, the case service plan shall be updated and revised at
23 90-day intervals as required by the rules promulgated pursuant to
24 Act No. 116 of the Public Acts of 1973, being sections 722.111
25 to 722.128 of the Michigan Compiled Laws 1973 PA 116,
26 MCL 722.111 TO 722.128. The agency shall consult with the foster
27 parents when it updates and revises the case service plan, and
00072'97
41
1 shall attach a statement summarizing the information received
2 from the foster parents to the updated and revised case service
3 plan. Updated and revised case service plans shall be available
4 to the court and all the parties to the proceeding. Written
5 reports, other than those portions made confidential by law, case
6 service plans, and court orders, including all updates and revi-
7 sions, shall be available to the foster parent, child caring
8 institution, or relative with whom the child is placed.
9 SEC. 18K. IF, IN PROCEEDINGS UNDER SECTION 2(B) OF THIS
10 CHAPTER, THE COURT FINDS BY CLEAR AND CONVINCING EVIDENCE THAT
11 THE CHILD IS A VICTIM OF FIRST DEGREE CHILD MISTREATMENT, THE
12 COURT SHALL DO ALL OF THE FOLLOWING:
13 (A) TERMINATE THE PARENT'S RIGHTS IF THE PARENT WAS THE PER-
14 PETRATOR OF THE FIRST DEGREE CHILD MISTREATMENT, UNLESS THE
15 PARENT, CHILD, OR AGENCY PROVES BY CLEAR AND CONVINCING EVIDENCE
16 THAT IT IS NOT IN THE CHILD'S BEST INTERESTS TO TERMINATE THE
17 PARENT'S RIGHTS. THE COURT SHALL STATE ON THE RECORD THE REASONS
18 FOR NOT TERMINATING THE PERPETRATOR'S RIGHTS UNDER THIS
19 SUBDIVISION.
20 (B) NOT PERMIT PARENTING TIME BY THE PERPETRATOR UNLESS IT
21 IS SHOWN BY CLEAR AND CONVINCING EVIDENCE THAT PARENTING TIME IS
22 IN THE CHILD'S BEST INTERESTS. THE COURT SHALL STATE ON THE
23 RECORD THE REASONS FOR PERMITTING PARENTING TIME UNDER THIS
24 SUBDIVISION.
25 Sec. 19a. (1) If a child remains in foster care and paren-
26 tal rights to the child have not been terminated, the court shall
27 conduct a permanency planning hearing not more than 364 days
00072'97
42
1 after entry of the order of disposition and every 364 days
2 thereafter during the continuation of the child's placement in
3 foster care. A permanency planning hearing may be combined with
4 a review hearing held under section 19(3) of this chapter.
5 (2) A permanency planning hearing shall be conducted to
6 review the status of the child and the progress being made toward
7 the child's return home or to show why the child should not be
8 placed in the permanent custody of the court.
9 (3) Not less than 14 days before a permanency planning hear-
10 ing, written notice of the hearing and a statement of the pur-
11 poses of the hearing, including a notice that the hearing may
12 result in further proceedings to terminate parental rights, shall
13 be served upon all of the following:
14 (a) The agency. The agency shall advise the child of the
15 hearing if the child is 11 years of age or older.
16 (b) The CHILD'S foster parent or custodian. of the child.
17 (c) If the parental rights to the child have not been termi-
18 nated, the child's parents.
19 (d) If the child has a guardian, the CHILD'S guardian. for
20 the child.
21 (e) If the child has a guardian ad litem, the CHILD'S guard-
22 ian ad litem. for the child.
23 (f) If tribal affiliation has been determined, the INDIAN
24 TRIBE'S elected leader. of the Indian tribe.
25 (g) The CHILD'S attorney, for the child, the attorneys for
26 each party, and the prosecuting attorney if the prosecuting
27 attorney has appeared in the case.
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43
1 (h) If the child is 11 years of age or older, the child.
2 (i) Other persons as the court may direct.
3 (4) If parental rights to the child have not been terminated
4 and the court determines at a permanency planning hearing that
5 the return of the child to his or her parent would not cause a
6 substantial risk of harm to the child's life, physical health, or
7 mental well-being IS IN THE CHILD'S BEST INTERESTS, the court
8 shall order the child returned to his or her parent. In deter-
9 mining whether the return of the child would cause a substantial
10 risk of harm to the child IS IN THE CHILD'S BEST INTERESTS, the
11 court shall view the failure of the parent to substantially
12 comply with the terms and conditions of the case service plan
13 prepared under section 18f of this chapter as evidence that
14 return of the child to his or her parent would cause a substan-
15 tial risk of harm to the child's life, physical health, or mental
16 well-being IS NOT IN THE CHILD'S BEST INTERESTS. In addition to
17 considering conduct of the parent, as evidence of substantial
18 risk of harm, the court shall consider any condition or circum-
19 stance of the child that may be evidence that a return to the
20 parent would cause a substantial risk of harm to the child's
21 life, physical health, or mental well-being IS NOT IN THE
22 CHILD'S BEST INTERESTS.
23 (5) If the court determines at a permanency planning hearing
24 that the child should not be returned to his or her parent, the
25 court shall order the agency to initiate proceedings to terminate
26 parental rights to the child not later than 42 days after the
27 permanency planning hearing, unless the agency demonstrates to
00072'97
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1 the court that initiating the termination of parental rights to
2 the child is clearly not in the child's best interests.
3 (6) If the agency demonstrates under subsection (5) that
4 initiating the termination of parental rights to the child is
5 clearly not in the child's best interests, then the court shall
6 order either of the following alternative placement plans:
7 (a) If the court determines that other permanent placement
8 is not possible, the child's placement in foster care shall con-
9 tinue for a limited period to be stated by the court.
10 (b) If the court determines that it is in the child's best
11 interests, the child's placement in foster care shall continue on
12 a long-term basis.
13 (7) In making the determinations under this section, the
14 court shall consider any written or oral information concerning
15 the child from the child's parent, guardian, custodian, foster
16 parent, child caring institution, or relative with whom the child
17 is placed, in addition to any other evidence offered at the
18 hearing.
19 Sec. 19b. (1) Except as provided in subsection (4), if a
20 child remains in foster care in the temporary custody of the
21 court following a review hearing under section 19(3) of this
22 chapter or a permanency planning hearing under section 19a of
23 this chapter or if a child remains in the custody of a guardian
24 or limited guardian, upon petition of the prosecuting attorney,
25 whether or not the prosecuting attorney is representing or acting
26 as legal consultant to the agency or any other party, or UPON
27 PETITION of the child, A guardian, A custodian, A concerned
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1 person as defined in subsection (6), THE agency, or the
2 children's ombudsman pursuant to AS PROVIDED IN section 7 of
3 the children's ombudsman act, 1994 PA 204, MCL 722.927, the court
4 shall hold a hearing to determine if the parental rights to a
5 child should be terminated and, if all parental rights to the
6 child are terminated, the child placed in permanent custody of
7 the court. The court shall state on the record or in writing its
8 findings of fact and conclusions of law with respect to whether
9 or not parental rights should be terminated.
10 (2) Not less than 14 days before a hearing to determine if
11 the parental rights to a child should be terminated, written
12 notice of the hearing shall be served upon all of the following:
13 (a) The agency. The agency shall advise the child of the
14 hearing if the child is 11 years of age or older.
15 (b) The CHILD'S foster parent or custodian. of the child.
16 (c) The child's parents.
17 (d) If the child has a guardian, the CHILD'S guardian. for
18 the child.
19 (e) If the child has a guardian ad litem, the CHILD'S guard-
20 ian ad litem. for the child.
21 (f) If tribal affiliation has been determined, the INDIAN
22 TRIBE'S elected leader. of the Indian tribe.
23 (g) The CHILD'S attorney for the child and the attorneys
24 for all parties.
25 (h) If the child is 11 years of age or older, the child.
26 (i) The prosecutor.
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1 (3) The court may terminate the parental rights of a parent
2 to a child if the court finds, by clear and convincing evidence,
3 1 or more of the following:
4 (a) The child has been deserted under either of the follow-
5 ing circumstances:
6 (i) If the THE CHILD'S parent of a child is
7 unidentifiable, and has deserted the child for 28 or more days,
8 and has not sought custody of the child during that period. For
9 the purposes of this section, a parent is unidentifiable if the
10 parent's identity cannot be ascertained after reasonable efforts
11 have been made to locate and identify the parent.
12 (ii) The CHILD'S parent of a child has deserted the child
13 for 91 or more days and has not sought custody of the child
14 during that period.
15 (b) The child or a sibling of the child has suffered physi-
16 cal injury or physical or sexual abuse IS A VICTIM OF FIRST,
17 SECOND, OR THIRD DEGREE CHILD MISTREATMENT under either of the
18 following circumstances:
19 (i) A parent's act caused the physical injury or physical
20 or sexual abuse CHILD MISTREATMENT and the court finds that
21 there is a reasonable likelihood that the child will suffer from
22 injury or abuse CHILD MISTREATMENT in the foreseeable future if
23 placed in the parent's home.
24 (ii) A parent who had the opportunity to prevent the
25 physical injury or physical or sexual abuse CHILD MISTREATMENT
26 failed to do so and the court finds that there is a reasonable
27 likelihood that the child will suffer injury or abuse CHILD
00072'97
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1 MISTREATMENT in the foreseeable future if placed in the parent's
2 home.
3 (c) The parent was a respondent in a proceeding brought
4 under this chapter, 182 or more days have elapsed since the issu-
5 ance of an initial dispositional order, and the court, by clear
6 and convincing evidence, finds either of the following:
7 (i) The conditions that led to the adjudication continue to
8 exist and there is no reasonable likelihood that the conditions
9 will be rectified within a reasonable time considering the
10 CHILD'S age. of the child.
11 (ii) Other conditions exist that cause the child to come
12 within the jurisdiction of the court, the parent has received
13 recommendations to rectify those conditions, the conditions have
14 not been rectified by the parent after the parent has received
15 notice, a hearing, and been given a reasonable opportunity to
16 rectify the conditions, and there is no reasonable likelihood
17 that the conditions will be rectified within a reasonable time
18 considering the CHILD'S age. of the child. THIS SUBSECTION DOES
19 NOT APPLY IF THE OTHER CONDITIONS CONSTITUTE FIRST DEGREE CHILD
20 MISTREATMENT, AND INSTEAD, THE COURT SHALL HOLD A HEARING UNDER
21 SECTION 2(B) AFTER NOTICE TO THE PARENT OR GUARDIAN.
22 (d) The CHILD'S parent of a child has placed the child in
23 a limited guardianship under section 424a of the revised probate
24 code, Act No. 642 of the Public Acts of 1978, being section
25 700.424a of the Michigan Compiled Laws 1978 PA 642,
26 MCL 700.424A, and has substantially failed, without good cause,
27 to comply with a limited guardianship placement plan described in
00072'97
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1 section 424a of Act No. 642 of the Public Acts of 1978 THE
2 REVISED PROBATE CODE, 1978 PA 642, MCL 700.424A, regarding the
3 child to the extent that such noncompliance has resulted in a
4 disruption of the parent-child relationship.
5 (e) The parent of a child who has a guardian under the
6 revised probate code, Act No. 642 of the Public Acts of 1978,
7 being sections 700.1 to 700.993 of the Michigan Compiled Laws
8 1978 PA 642, MCL 700.1 TO 700.993, has substantially failed,
9 without good cause, to comply with a court-structured plan
10 described in section 424b or 424c of Act No. 642 of the Public
11 Acts of 1978, being sections 700.424b and 700.424c of the
12 Michigan Compiled Laws THE REVISED PROBATE CODE, 1978 PA 642,
13 MCL 700.424B AND 700.424C, regarding the child to the extent that
14 such THE noncompliance has resulted in a disruption of the
15 parent-child relationship.
16 (f) The child has a guardian under the revised probate code,
17 Act No. 642 of the Public Acts of 1978 1978 PA 642, MCL 700.1
18 TO 700.993, and both of the following have occurred:
19 (i) The parent, having the ability to support or assist in
20 supporting the minor, has failed or neglected, without good
21 cause, to provide regular and substantial support for the minor
22 for a period of 2 years or more before the filing of the petition
23 or, if a support order has been entered, has failed to substan-
24 tially comply with the order for a period of 2 years or more
25 before the filing of the petition.
26 (ii) The parent, having the ability to visit, contact, or
27 communicate with the minor, has regularly and substantially
00072'97
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1 failed or neglected, without good cause, to do so for a period of
2 2 years or more before the filing of the petition.
3 (g) The parent, without regard to intent, fails to provide
4 proper care or custody for the child and there is no reasonable
5 expectation that the parent will be able to provide proper care
6 and custody within a reasonable time considering the CHILD'S age.
7 of the child.
8 (h) The parent is imprisoned for such a period that the
9 child will be deprived of a normal home for a period exceeding 2
10 years, and the parent has not provided for the child's proper
11 care and custody, and there is no reasonable expectation that the
12 parent will be able to provide proper care and custody within a
13 reasonable time considering the CHILD'S age. of the child.
14 (i) Parental rights to 1 or more siblings of the child have
15 been terminated due to serious and chronic neglect or physical
16 or sexual abuse FIRST OR SECOND DEGREE CHILD MISTREATMENT, and
17 prior attempts to rehabilitate the parents have been
18 unsuccessful.
19 (j) There is a reasonable likelihood, based on the conduct
20 or capacity of the child's parent, that the child will be harmed
21 if he or she is returned to the home of the parent.
22 (4) If a petition to terminate the parental rights to a
23 child is filed, the court may enter an order terminating parental
24 rights under subsection (3) at the initial dispositional
25 hearing.
26 (5) If the court finds that there are grounds for
27 termination of parental rights, the court shall order termination
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1 of parental rights and SHALL order that additional efforts for
2 THE CHILD'S reunification of the child with the parent shall
3 not be made, unless the court finds that termination of parental
4 rights to the child is clearly not in the child's best
5 interests.
6 (6) As used in this section, "concerned person" means a
7 foster parent with whom the child is living or has lived, who has
8 specific knowledge of behavior by the parent constituting grounds
9 for termination under subsection (3)(b) or (g), and who has con-
10 tacted the department of social services FAMILY INDEPENDENCE
11 AGENCY, the prosecuting attorney, the child's attorney, and the
12 child's guardian ad litem, if any, and is satisfied that none of
13 these persons intend to file a petition under this section.
00072'97 Final page. GWH