SENATE BILL NO. 1210


   June 11, 1998, Introduced by Senator STEIL and referred to the
        Committee on Families, Mental Health and Human Services.



        A bill to amend 1978 PA 642, entitled

   "Revised probate code,"

   by amending section 424 (MCL 700.424), as amended by 1996 PA 8.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 424.  (1) A person interested in the welfare of a

 2    minor, or a minor if HE OR SHE IS 14 years of age or older, may

 3    petition for the appointment of a guardian of the minor.  The

 4    court may order the  department of social services 
             FAMILY INDE-

 5    PENDENCE AGENCY or an employee or agent of the court to conduct

 6    an investigation of the proposed guardianship and file a written

 7    report of the investigation.

 8         (2) The court may appoint a guardian for an unmarried minor

 9    if  any  1 OR MORE of the following circumstances
             exist:

10         (a) The parental rights of both parents or of the surviving

11    parent have been terminated or suspended by prior court order, by


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 1    judgment of divorce or separate maintenance, by death, by

 2    judicial determination of mental incompetency, by disappearance,

 3    or by confinement in a place of detention.

 4         (b) The parent or parents have permitted the minor to reside

 5    with another person and have not provided the other person with

 6    legal authority for the care and maintenance of the minor.

 7         (c) All of the following:

 8         (i) The minor's biological parents have never been
             married

 9    to one another.

10         (ii) The minor's parent who has custody of the minor
             dies or

11    is missing and the other parent has not been granted legal cus-

12    tody under court order.

13         (iii) The person whom the petition asks to be appointed

14    guardian is related to the minor within the fifth degree by mar-

15    riage, blood, or adoption.

16         (D) THE APPOINTMENT IS NECESSARY FOR THE MINOR'S IMMEDIATE

17    PHYSICAL, MENTAL, OR EMOTIONAL WELL-BEING.

18         (3) IF 1 OF THE REASONS A GUARDIAN IS APPOINTED IS THE CIR-

19    CUMSTANCE DESCRIBED IN SUBSECTION (2)(D), THE COURT SHALL REFER

20    THE CHILD TO THE STATE DEPARTMENT THAT IS RESPONSIBLE FOR

21    CHILDREN'S PROTECTIVE SERVICES.

22         (4)  (3)  A limited guardian of a minor may
             petition to be

23    appointed a guardian for that minor, except that the petition

24    shall not be based upon suspension of parental rights by the

25    order that appointed that person the limited guardian of that

26    minor.





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 1         (5)  (4)  A guardian appointed by will as
             provided in

 2    section 422 whose appointment is not prevented or nullified under

 3    section 423 has priority over a guardian who may be appointed by

 4    the court.  The court may proceed with an appointment upon a

 5    finding that the testamentary guardian has failed to accept the

 6    testamentary appointment within 30 days after notice of the

 7    guardianship proceeding.

 8         (6)  (5)  For the welfare of the minor ward,
             the court may

 9    at any time order reasonable support and reasonable parenting

10    time and contact of the minor ward by his or her parents.




































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