HB-4409, As Passed House, March 26, 2009

SUBSTITUTE FOR

HOUSE BILL NO. 4409

A bill to amend 1973 PA 116, entitled

"An act to provide for the protection of children through the

licensing and regulation of child care organizations; to provide

for the establishment of standards of care for child care

organizations; to prescribe powers and duties of certain

departments of this state and adoption facilitators; to provide

penalties; and to repeal acts and parts of acts,"

by amending section 14a (MCL 722.124a), as amended by 1984 PA 396.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 14a. (1) A probate court, a child placing agency, or the

department may consent to routine, nonsurgical medical care, or

emergency medical and surgical treatment of a minor child placed in

out-of-home care ~~pursuant to Act No. 280 of the Public Acts of~~

~~1939, as amended, being sections 400.1 to 400.121 of the~~ ~~Michigan~~

~~Compiled Laws, Act No. 288 of the Public Acts of 1939, as amended,~~

~~being sections 710.21 to 712A.28 of the Michigan Compiled Laws~~

under the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b,

the probate code of 1939, 1939 PA 288, MCL 710.21 to 712a.32, or

this act. If the minor child is placed in a child care

organization, then the probate court, the child placing agency, or

the department making the placement shall execute a written

instrument investing that organization with authority to consent to

emergency medical and surgical treatment of the child. ~~The~~ Except

as provided in this subsection, the department may also execute a

written instrument investing a child care organization with

authority to consent to routine, nonsurgical medical care of the

child. The department shall execute a written instrument investing

a foster parent with authority to consent to routine, nonsurgical

medical care of the child in his or her care. If the minor child is

placed in a child care institution, the probate court, the child

placing agency, or the department making the placement shall in

addition execute a written instrument investing that institution

with authority to consent to the routine, nonsurgical medical care

of the child.

(2) A parent or guardian of a minor child who voluntarily

places the child in a child care organization shall execute a

written instrument investing that organization with authority to

consent to emergency medical and surgical treatment of the child.

The parent or guardian shall consent to routine, nonsurgical

medical care.

(3) Only the minor child's parent or legal guardian shall

consent to nonemergency, elective surgery for a child in foster

care. If parental rights have been permanently terminated by court

action, consent for nonemergency, elective surgery shall be given

by the probate court or the agency having jurisdiction over the

child.