June 14, 2011, Introduced by Senators EMMONS, PROOS, JANSEN, CASWELL, NOFS and MOOLENAAR and referred to the Committee on Appropriations.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending sections 2a, 19, 19a, and 19c of chapter XIIA (MCL
712A.2a, 712A.19, 712A.19a, and 712A.19c), section 2a as amended by
1998 PA 474, section 19 as amended by 2008 PA 202, section 19a as
amended by 2008 PA 200, and section 19c as amended by 2011 PA 31.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XIIA
Sec.
2a. (1) Except as otherwise provided in subsection (2),
this section, if the court has exercised jurisdiction over a
juvenile under section 2(a) or (b) of this chapter, jurisdiction
shall continue for a period of 2 years beyond the maximum age of
jurisdiction conferred under section 2 of this chapter, unless the
juvenile is released sooner by court order or he or she continues
under the court's jurisdiction as provided for in the young adult
voluntary foster care act.
(2) If a juvenile is eligible for foster care maintenance
payments under part E of title IV of the social security act, 42
USC 670 to 679c, the court shall not terminate its jurisdiction
over the juvenile if he or she is at least 18 but less than 21
years of age and voluntarily agrees in writing to remain under the
court's jurisdiction. The juvenile may revoke a voluntary foster
care agreement. The court shall then terminate its jurisdiction
over the juvenile.
(3) If a juvenile was not eligible for foster care maintenance
payments under part E of title IV of the social security act, 42
USC 670 to 679c, before the juvenile's eighteenth birthday but will
meet all eligibility requirements for foster care maintenance
payments after becoming 18 years of age and voluntarily agrees in
writing to remain under the court's jurisdiction, the court shall
do all of the following on the juvenile's eighteenth birthday or as
soon as possible after that:
(a) Terminate its jurisdiction over the juvenile.
(b) Immediately reestablish jurisdiction over the juvenile
according to a voluntary foster care agreement as provided for in
the young adult voluntary foster care act.
(c) Within 180 days of reestablishing jurisdiction over the
juvenile, determine whether the voluntary foster care agreement
continues to be in the best interests of the juvenile.
(4) If the court finds under subsection (3) that the voluntary
foster care agreement continues to be in the best interests of the
juvenile, the court shall not terminate its jurisdiction over the
juvenile until the juvenile's twenty-first birthday. At any time,
the juvenile may revoke the voluntary foster care agreement. The
court shall then terminate its jurisdiction over the juvenile.
(5) In order to be eligible for foster care maintenance
payments as described in subsections (2) and (3) after a juvenile
reaches 18 years of age, the juvenile must meet the eligibility
requirements set forth in the young adult foster care act.
(6)
(2) If the court has exercised jurisdiction over a
juvenile under section 2(a)(1) of this chapter for an offense that,
if committed by an adult, would be a violation or attempted
violation of section 72, 83, 84, 86, 88, 89, 91, 110a(2), 186a,
316, 317, 349, 520b, 520c, 520d, 520g, 529, 529a, 530, or 531 of
the Michigan penal code, 1931 PA 328, MCL 750.72, 750.83, 750.84,
750.86, 750.88, 750.89, 750.91, 750.110a, 750.186a, 750.316,
750.317, 750.349, 750.520b, 750.520c, 750.520d, 750.520g, 750.529,
750.529a, 750.530, and 750.531, or section 7401(2)(a)(i) or
7403(2)(a)(i) of the public health code, 1978 PA 368, MCL 333.7401
and 333.7403, jurisdiction may be continued under section 18d of
this chapter until the juvenile is 21 years of age.
(7) (3)
If the court exercised jurisdiction
over a child under
section 2(h) of this chapter, jurisdiction of the court continues
until the order expires but action regarding the personal
protection order after the respondent's eighteenth birthday shall
not be subject to this chapter.
(8) (4)
This section does not apply if the
juvenile is
sentenced to the jurisdiction of the department of corrections.
(9) (5)
As used in this chapter, "child",
"juvenile", "minor",
or any other term signifying a person under the age of 18 applies
to a person 18 years of age or older concerning whom proceedings
are commenced in the court under section 2 of this chapter and over
whom
the court has continuing jurisdiction pursuant to under
subsections
(1) and (3) to (7).
Sec. 19. (1) Subject to section 20 of this chapter, if a child
remains under the court's jurisdiction, a cause may be terminated
or an order may be amended or supplemented, within the authority
granted to the court in section 18 of this chapter, at any time as
the court considers necessary and proper. An amended or
supplemented order shall be referred to as a "supplemental order of
disposition". If the agency becomes aware of additional abuse or
neglect of a child who is under the court's jurisdiction and if
that abuse or neglect is substantiated as provided in the child
protection law, 1975 PA 238, MCL 722.621 to 722.638, the agency
shall file a supplemental petition with the court.
(2) Except as provided in subsections (3) and (4), if a child
subject to the court's jurisdiction remains in his or her home, a
review hearing shall be held not more than 182 days from the date a
petition is filed to give the court jurisdiction over the child and
no later than every 91 days after that for the first year that the
child is subject to the court's jurisdiction. After the first year
that the child is subject to the court's jurisdiction, a review
hearing shall be held no later than 182 days from the immediately
preceding review hearing before the end of that first year and no
later than every 182 days from each preceding review hearing
thereafter until the case is dismissed. A review hearing under this
subsection shall not be canceled or delayed beyond the number of
days required in this subsection, regardless of whether a petition
to terminate parental rights or another matter is pending. Upon
motion by any party or in the court's discretion, a review hearing
may be accelerated to review any element of the case service plan
prepared according to section 18f of this chapter.
(3) Except as otherwise provided in subsection (4), if, in a
proceeding under section 2(b) of this chapter, a child is subject
to the court's jurisdiction and removed from his or her home, a
review hearing shall be held not more than 182 days after the
child's removal from his or her home and no later than every 91
days after that for the first year that the child is subject to the
court's jurisdiction. After the first year that the child has been
removed from his or her home and is subject to the court's
jurisdiction, a review hearing shall be held not more than 182 days
from the immediately preceding review hearing before the end of
that first year and no later than every 182 days from each
preceding review hearing thereafter until the case is dismissed. A
review hearing under this subsection shall not be canceled or
delayed beyond the number of days required in this subsection,
regardless of whether a petition to terminate parental rights or
another matter is pending. Upon motion by any party or in the
court's discretion, a review hearing may be accelerated to review
any element of the case service plan prepared according to section
18f of this chapter.
(4) If a child is under the care and supervision of the agency
and is either placed with a relative and the placement is intended
to be permanent or is in a permanent foster family agreement, the
court shall hold a review hearing not more than 182 days after the
child has been removed from his or her home and no later than every
182 days after that so long as the child is subject to the
jurisdiction of the court, the Michigan children's institute, or
other agency. A review hearing under this subsection shall not be
canceled or delayed beyond the number of days required in this
subsection, regardless of whether a petition to terminate parental
rights or another matter is pending. Upon the motion of any party
or at the court's discretion, a review hearing may be accelerated
to review any element of the case service plan.
(5) Written notice of a review hearing under subsection (2),
(3), or (4) shall be served upon all of the following:
(a) The agency. The agency shall advise the child of the
hearing if the child is 11 years of age or older.
(b) The child's foster parent or custodian.
(c) If the parental rights to the child have not been
terminated, the child's parents.
(d) If the child has a guardian, the guardian for the child.
(e) If the child has a guardian ad litem, the guardian ad
litem for the child.
(f) A nonparent adult if the nonparent adult is required to
comply with the case service plan.
(g) If tribal affiliation has been determined, the elected
leader of the Indian tribe.
(h) The attorney for the child, the attorneys for each party,
and the prosecuting attorney if the prosecuting attorney has
appeared in the case.
(i) If the child is 11 years of age or older, the child.
(j) Other persons as the court may direct.
(6)
At Except as provided in
subsection (7), at a review
hearing under subsection (2), (3), or (4), the court shall review
on the record all of the following:
(a) Compliance with the case service plan with respect to
services provided or offered to the child and the child's parent,
guardian, custodian, or nonparent adult if the nonparent adult is
required to comply with the case service plan and whether the
parent, guardian, custodian, or nonparent adult if the nonparent
adult is required to comply with the case service plan has complied
with and benefited from those services.
(b) Compliance with the case service plan with respect to
parenting time with the child. If parenting time did not occur or
was infrequent, the court shall determine why parenting time did
not occur or was infrequent.
(c) The extent to which the parent complied with each
provision of the case service plan, prior court orders, and an
agreement between the parent and the agency.
(d) Likely harm to the child if the child continues to be
separated from the child's parent, guardian, or custodian.
(e) Likely harm to the child if the child is returned to the
child's parent, guardian, or custodian.
(7) If a child is under the court's jurisdiction as provided
for in the young adult voluntary foster care act, at a hearing
under this section, the court shall review on the record all of the
following:
(a) Whether the voluntary foster care agreement continues to
be in the child's best interest.
(b) The child's compliance with the voluntary foster care
agreement.
(c) The appropriateness of the services the child is receiving
under the voluntary foster care agreement and whether the services
the child is receiving under the voluntary foster care agreement
are promoting the child's success in the program.
(d) Any other information the court finds relevant to the
child's continued success in the program under the young adult
voluntary foster care act.
(8) (7)
After review of the case service
plan, the court shall
determine the extent of progress made toward alleviating or
mitigating the conditions that caused the child to be placed in
foster care or that caused the child to remain in foster care. The
court may modify any part of the case service plan including, but
not limited to, the following:
(a) Prescribing additional services that are necessary to
rectify the conditions that caused the child to be placed in foster
care or to remain in foster care.
(b) Prescribing additional actions to be taken by the parent,
guardian, nonparent adult, or custodian, to rectify the conditions
that caused the child to be placed in foster care or to remain in
foster care.
(9) (8)
At a review hearing under
subsection (2), (3), or (4),
the court shall determine the continuing necessity and
appropriateness of the child's placement and shall order the return
of the child to the custody of the parent, continue the
dispositional order, modify the dispositional order, or enter a new
dispositional order.
(10) (9)
If in a proceeding under section
2(b) of this chapter
a child is placed in foster care, the court shall determine at the
dispositional hearing and each review hearing whether the cause
should be reviewed before the next review hearing required by
subsection (2), (3), or (4). In making this determination, the
court shall consider at least all of the following:
(a) The parent's ability and motivation to make necessary
changes to provide a suitable environment for the child.
(b) Whether there is a reasonable likelihood that the child
may be returned to his or her home prior to the next review hearing
required by subsection (2), (3), or (4).
(11) (10)
Unless waived, if not less than 7
days' notice is
given to all parties prior to the return of a child to the child's
home, and no party requests a hearing within the 7 days, the court
may issue an order without a hearing permitting the agency to
return the child to the child's home.
(12) (11)
An agency report filed with the
court shall be
accessible to all parties to the action and shall be offered into
evidence. The court shall consider any written or oral information
concerning the child from the child's parent, guardian, custodian,
foster parent, child caring institution, relative with whom a child
is placed, attorney, lawyer-guardian ad litem, or guardian ad
litem, in addition to any other evidence, including the
appropriateness of parenting time, offered at the hearing.
(13) (12)
Reasonable efforts to finalize an
alternate
permanency plan may be made concurrently with reasonable efforts to
reunify the child with the family.
(14) (13)
Reasonable efforts to place a child
for adoption or
with a legal guardian, including identifying appropriate in-state
or out-of-state options, may be made concurrently with reasonable
efforts to reunify the child and family.
Sec. 19a. (1) Subject to subsection (2), if a child remains in
foster care and parental rights to the child have not been
terminated, the court shall conduct a permanency planning hearing
within 12 months after the child was removed from his or her home.
Subsequent permanency planning hearings shall be held no later than
every 12 months after each preceding permanency planning hearing
during the continuation of foster care. If proper notice for a
permanency planning hearing is provided, a permanency planning
hearing may be combined with a review hearing held under section
19(2) to (4) of this chapter, or a hearing held under section 15(2)
of the young adult voluntary foster care act, or both, but no later
than 12 months from the removal of the child from his or her home,
from the preceding permanency planning hearing, or from the number
of days required under subsection (2). A permanency planning
hearing shall not be canceled or delayed beyond the number of
months required by this subsection or days as required under
subsection (2), regardless of whether there is a petition for
termination of parental rights pending.
(2) The court shall conduct a permanency planning hearing
within 30 days after there is a judicial determination that
reasonable efforts to reunite the child and family are not
required. Reasonable efforts to reunify the child and family must
be made in all cases except if any of the following apply:
(a) There is a judicial determination that the parent has
subjected the child to aggravated circumstances as provided in
section 18(1) and (2) of the child protection law, 1975 PA 238, MCL
722.638.
(b) The parent has been convicted of 1 or more of the
following:
(i) Murder of another child of the parent.
(ii) Voluntary manslaughter of another child of the parent.
(iii) Aiding or abetting in the murder of another child of the
parent or voluntary manslaughter of another child of the parent,
the attempted murder of the child or another child of the parent,
or the conspiracy or solicitation to commit the murder of the child
or another child of the parent.
(iv) A felony assault that results in serious bodily injury to
the child or another child of the parent.
(c) The parent has had rights to the child's siblings
involuntarily terminated.
(3) A permanency planning hearing shall be conducted to review
the status of the child and the progress being made toward the
child's return home or to show why the child should not be placed
in the permanent custody of the court. The court shall obtain the
child's views regarding the permanency plan in a manner that is
appropriate to the child's age. In the case of a child who will not
be returned home, the court shall consider in-state and out-of-
state placement options. In the case of a child placed out-of-
state, the court shall determine whether the out-of-state placement
continues to be appropriate and in the child's best interests. The
court shall ensure that the agency is providing appropriate
services to assist a child who will transition from foster care to
independent living.
(4) Not less than 14 days before a permanency planning
hearing, written notice of the hearing and a statement of the
purposes of the hearing, including a notice that the hearing may
result in further proceedings to terminate parental rights, shall
be served upon all of the following:
(a) The agency. The agency shall advise the child of the
hearing if the child is 11 years of age or older.
(b) The foster parent or custodian of the child.
(c) If the parental rights to the child have not been
terminated, the child's parents.
(d) If the child has a guardian, the guardian for the child.
(e) If the child has a guardian ad litem, the guardian ad
litem for the child.
(f) If tribal affiliation has been determined, the elected
leader of the Indian tribe.
(g) The attorney for the child, the attorneys for each party,
and the prosecuting attorney if the prosecuting attorney has
appeared in the case.
(h) If the child is 11 years of age or older, the child.
(i) Other persons as the court may direct.
(5) If parental rights to the child have not been terminated
and the court determines at a permanency planning hearing that the
return of the child to his or her parent would not cause a
substantial risk of harm to the child's life, physical health, or
mental well-being, the court shall order the child returned to his
or her parent. In determining whether the return of the child would
cause a substantial risk of harm to the child, the court shall view
the failure of the parent to substantially comply with the terms
and conditions of the case service plan prepared under section 18f
of this chapter as evidence that return of the child to his or her
parent would cause a substantial risk of harm to the child's life,
physical health, or mental well-being. In addition to considering
conduct of the parent as evidence of substantial risk of harm, the
court shall consider any condition or circumstance of the child
that may be evidence that a return to the parent would cause a
substantial risk of harm to the child's life, physical health, or
mental well-being.
(6) If the court determines at a permanency planning hearing
that a child should not be returned to his or her parent, the court
may order the agency to initiate proceedings to terminate parental
rights. Except as otherwise provided in this subsection, if the
child has been in foster care under the responsibility of the state
for 15 of the most recent 22 months, the court shall order the
agency to initiate proceedings to terminate parental rights. The
court is not required to order the agency to initiate proceedings
to terminate parental rights if 1 or more of the following apply:
(a) The child is being cared for by relatives.
(b) The case service plan documents a compelling reason for
determining that filing a petition to terminate parental rights
would not be in the best interest of the child. Compelling reasons
for not filing a petition to terminate parental rights include, but
are not limited to, all of the following:
(i) Adoption is not the appropriate permanency goal for the
child.
(ii) No grounds to file a petition to terminate parental rights
exist.
(iii) The child is an unaccompanied refugee minor as defined
described in 45 CFR 400.11.
(iv) There are international legal obligations or compelling
foreign policy reasons that preclude terminating parental rights.
(c) The state has not provided the child's family, consistent
with the time period in the case service plan, with the services
the state considers necessary for the child's safe return to his or
her home, if reasonable efforts are required.
(7) If the agency demonstrates under subsection (6) that
initiating the termination of parental rights to the child is
clearly not in the child's best interests, or the court does not
order the agency to initiate termination of parental rights to the
child under subsection (6), then the court shall order 1 or more of
the following alternative placement plans:
(a) If the court determines that other permanent placement is
not possible, the child's placement in foster care shall continue
for a limited period to be stated by the court.
(b) If the court determines that it is in the child's best
interests based upon compelling reasons, the child's placement in
foster care may continue on a long-term basis.
(c) Subject to subsection (9), if the court determines that it
is in the child's best interests, appoint a guardian for the child,
which guardianship may continue until the child is emancipated.
(8) A guardian appointed under subsection (7)(c) has all of
the powers and duties set forth under section 15 of the estates and
protected individuals code, 1998 PA 386, MCL 700.5215.
(9) If a child is placed in a guardian's or a proposed
guardian's home under subsection (7)(c), the court shall order the
department of human services to perform an investigation and file a
written report of the investigation for a review under subsection
(10) and the court shall order the department of human services to
do all of the following:
(a) Perform a criminal record check within 7 days.
(b) Perform a central registry clearance within 7 days.
(c) Perform a home study and file a copy of the home study
with the court within 30 days unless a home study has been
performed within the immediately preceding 365 days, under section
13a(9) of this chapter. If a home study has been performed within
the immediately preceding 365 days, a copy of that home study shall
be submitted to the court.
(10) The court's jurisdiction over a juvenile under section
2(b) of this chapter shall be terminated after the court appoints a
guardian under this section and conducts a review hearing under
section 19 of this chapter, unless the juvenile is released sooner
by the court.
(11) The court's jurisdiction over a guardianship created
under this section shall continue until released by court order.
The court shall review a guardianship created under this section
annually and may conduct additional reviews as the court considers
necessary. The court may order the department or a court employee
to conduct an investigation and file a written report of the
investigation. If the juvenile is eligible for guardianship
assistance under the guardianship assistance act, 2008 PA 260, MCL
722.871 to 722.881, meets the eligibility requirements provided
under the young adult voluntary foster care act, and notifies the
court in writing that he or she wishes to remain under court
jurisdiction after reaching 18 years of age as allowed under the
young adult voluntary foster care act, the court shall not
terminate its jurisdiction over the guardianship except as provided
for under the young adult voluntary foster care act.
(12) In making the determinations under this section, the
court shall consider any written or oral information concerning the
child from the child's parent, guardian, custodian, foster parent,
child caring institution, relative with whom the child is placed,
or guardian ad litem in addition to any other evidence, including
the appropriateness of parenting time, offered at the hearing.
(13) The court may, on its own motion or upon petition from
the department of human services or the child's lawyer guardian ad
litem, hold a hearing to determine whether a guardianship appointed
under this section shall be revoked.
(14) A guardian may petition the court for permission to
terminate the guardianship. A petition may include a request for
appointment of a successor guardian.
(15) After notice and hearing on a petition for revocation or
permission to terminate the guardianship, if the court finds by a
preponderance of evidence that continuation of the guardianship is
not in the child's best interests, the court shall revoke or
terminate the guardianship and appoint a successor guardian or
restore temporary legal custody to the department of human
services.
(16) If the court revokes or terminates the guardianship,
appoints a successor guardian, or closes the case, the court shall
immediately notify the department of human services.
Sec. 19c. (1) Except as provided in section 19(4) of this
chapter and subject to subsection (14), if a child remains in
placement following the termination of parental rights to the
child, the court shall conduct a review hearing not more than 91
days after the termination of parental rights and no later than
every 91 days after that hearing for the first year following
termination of parental rights to the child. If a child remains in
a placement for more than 1 year following termination of parental
rights to the child, a review hearing shall be held no later than
182 days from the immediately preceding review hearing before the
end of the first year and no later than every 182 days from each
preceding
review hearing thereafter after
that until the case is
dismissed. A review hearing under this subsection shall not be
canceled or delayed beyond the number of days required in this
subsection, regardless of whether any other matters are pending.
Upon motion by any party or in the court's discretion, a review
hearing may be accelerated to review any element of the case. The
court shall conduct the first permanency planning hearing within 12
months from the date that the child was originally removed from the
home. Subsequent permanency planning hearings shall be held within
12 months of the preceding permanency planning hearing. If proper
notice for a permanency planning hearing is provided, a permanency
planning hearing may be combined with a review hearing held under
section 19(2) to (4) of this chapter or a hearing held under
section 15(2) of the young adult voluntary foster care act, or
both. A permanency planning hearing under this section shall not be
canceled or delayed beyond the number of months required in this
subsection, regardless of whether any other matters are pending. At
a hearing under this section, the court shall review all of the
following:
(a) The appropriateness of the permanency planning goal for
the child.
(b) The appropriateness of the child's placement.
(c) The reasonable efforts being made to place the child for
adoption or in other permanent placement in a timely manner.
(2) Subject to subsection (3), if the court determines that it
is in the child's best interests, the court may appoint a guardian
for the child.
(3) The court shall not appoint a guardian for the child
without the written consent of the MCI superintendent or his or her
designee. The MCI superintendent or his or her designee shall
consult with the child's lawyer guardian ad litem when considering
whether to grant written consent.
(4) If a person believes that the decision to withhold the
consent required in subsection (3) is arbitrary or capricious, the
person may file a motion with the court. A motion under this
subsection shall contain information regarding both of the
following:
(a) The specific steps taken by the person to obtain the
consent required and the results, if any.
(b) The specific reasons why the person believes that the
decision to withhold consent was arbitrary or capricious.
(5) If a motion is filed under subsection (4), the court shall
set a hearing date and provide notice to the MCI superintendent,
the foster parents, the prospective guardian, the child, and the
child's lawyer guardian ad litem.
(6) Subject to subsection (8), if a hearing is held under
subsection (5) and the court finds by clear and convincing evidence
that the decision to withhold consent was arbitrary or capricious,
the court may approve the guardianship without the consent of the
MCI superintendent.
(7) A guardian appointed under this section has all of the
powers and duties set forth under section 15 of the estates and
protected individuals code, 1998 PA 386, MCL 700.5215.
(8) If a child is placed in a guardian's or a proposed
guardian's home under subsection (2) or (6), the court shall order
the department of human services to perform an investigation and
file a written report of the investigation for a review under
subsection (10) and the court shall order the department of human
services to do all of the following:
(a) Perform a criminal record check within 7 days.
(b) Perform a central registry clearance within 7 days.
(c) Perform a home study and file a copy of the home study
with the court within 30 days unless a home study has been
performed within the immediately preceding 365 days, under section
13a(9) of this chapter. If a home study has been performed within
the immediately preceding 365 days, a copy of that home study shall
be submitted to the court.
(9) The court's jurisdiction over a juvenile under section
2(b) of this chapter and the jurisdiction of the Michigan
children's institute under section 3 of 1935 PA 220, MCL 400.203,
shall be terminated after the court appoints a guardian under this
section and conducts a review hearing under section 19 of this
chapter, unless the juvenile is released sooner by the court.
(10) The court's jurisdiction over a guardianship created
under this section shall continue until released by court order.
The court shall review a guardianship created under this section
annually and may conduct additional reviews as the court considers
necessary. The court may order the department or a court employee
to conduct an investigation and file a written report of the
investigation. If the juvenile is eligible for guardianship
assistance under the guardianship assistance act, 2008 PA 260, MCL
722.871 to 722.881, meets the eligibility requirements provided
under the young adult voluntary foster care act, and notifies the
court in writing that he or she wishes to remain under court
jurisdiction after reaching 18 years of age as allowed under the
young adult voluntary foster care act, the court shall not
terminate its jurisdiction over the guardianship except as provided
for under the young adult voluntary foster care act.
(11) The court may, on its own motion or upon petition from
the department of human services or the child's lawyer guardian ad
litem, hold a hearing to determine whether a guardianship appointed
under this section shall be revoked.
(12) A guardian may petition the court for permission to
terminate the guardianship. A petition may include a request for
appointment of a successor guardian.
(13) After notice and hearing on a petition for revocation or
permission to terminate the guardianship, if the court finds by a
preponderance of evidence that continuation of the guardianship is
not in the child's best interests, the court shall revoke or
terminate the guardianship and appoint a successor guardian or
commit the child to the Michigan children's institute under section
3 of 1935 PA 220, MCL 400.203.
(14) This section applies only to a child's case in which
parental rights to the child were either terminated as the result
of a proceeding under section 2(b) of this chapter or a similar law
of another state or terminated voluntarily following the initiation
of a proceeding under section 2(b) of this chapter or a similar law
of another state. This section applies as long as the child is
subject to the jurisdiction, control, or supervision of the court
or of the Michigan children's institute or other agency.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 435
of the 96th Legislature is enacted into law.