SB-0437, As Passed House, November 9, 2011

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 437

     A bill to amend 1935 PA 220, entitled

"An act to provide family home care for children committed to the

care of the state, to create the Michigan children's institute

under the control of the Michigan social welfare commission, to

prescribe the powers and duties thereof, and to provide penalties

for violations of certain provisions of this act,"

by amending section 3 (MCL 400.203), as amended by 2004 PA 470.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 3. (1) A child under 17 years of age, provision for whose

support and education has been made under regulations of the family

independence agency department, may be admitted to the Michigan

children's institute by commitment to the family independence

agency department. All children committed to the Michigan

children's institute shall be considered committed to the family

independence agency department and shall be subject to review by

the juvenile division of the probate court under chapter XIIA of

the probate code of 1939, 1939 PA 288, MCL 712A.1 to 712A.32. The

superintendent of the institute shall represent the state as

guardian of each child committed beginning with the day the child

is admitted and continuing until the child is 19, unless the

superintendent or the family independence agency department

discharges the child sooner as provided in section 8 or 9 or if the

child is at least 18 years of age but less than 21 years of age and

is participating in extended foster care services as described in

section 11 of the young adult voluntary foster care act. Wherever

commitment to the Michigan children's institute is mentioned in any

law of this state, it shall be construed to mean commitment to the

family independence agency department. A child may be committed to

the family independence agency department by either of the

following:

     (a) By the juvenile division of the probate court, if the

child is within the court's jurisdiction under section 2(b) of

chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2.

     (b) By the probate court, if the child is a ward of the court

and the court has denied an order of adoption for the child.

     (c) By observation order. If a child has been decreed to be a

ward of the probate court or the juvenile division of the probate

court has acquired formal jurisdiction of a child, and it appears

to the probate court that, because of the circumstances of the case

or because the child's condition might be benefited, the court may

make a temporary commitment to the family independence agency

department and direct that the child be taken to a facility of the

Michigan children's institute for observation for a period not to

exceed 90 days. Before the expiration of this order of observation,

the superintendent of the institute shall report to the probate

court the results of the observation of the child. If the

superintendent reports to the probate court that the order of

observation should be extended or that the child is in need of

treatment for emotional disturbance that does not require hospital

care and for which the institute has facilities, then the court may

extend the temporary commitment and continue the observation order

or establish a treatment period for the child to any date prior to

the nineteenth birthday of the child. If the child has ceased to be

a ward of the court, written consent of the person or persons

lawfully having custody of the child shall be secured. Before the

expiration of this extended order of observation or treatment, the

superintendent shall report to the probate court the results of the

observation or treatment of the child and an opinion stating what

disposition can be made of the child. Before any child is sent to a

facility of the institute for observation, the superintendent of

the institute shall notify the probate court that there is room to

receive the child and shall designate the facility of the institute

for the reception of the child. The commission may by regulation

establish conditions for the reimbursement of the expense of caring

for the child while under the supervision of the institute if the

parents or other persons responsible for the child's support are

financially able to pay reasonable costs of the child's care.

     (2) The superintendent of the institute has the power to make

decisions on behalf of a child committed to the institute. The

attorney general or his or her representative shall represent the

Michigan children's institute superintendent in any court

proceeding in which the superintendent considers such

representation necessary to carry out his or her duties under this

act.

     (3) As used in this act, "department" means the department of

human services.

     Enacting section 1. This amendatory act does not take effect

unless Senate Bill No. 435 of the 96th Legislature is enacted into

law.