January 15, 2014, Introduced by Senator JONES and referred to the Committee on Judiciary.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending section 13a of chapter XIIA (MCL 712A.13a), as amended
by 2012 PA 163.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 13a. (1) As used in this section and sections 2, 6b, 13b,
17c, 17d, 18f, 19, 19a, 19b, and 19c of this chapter:
(a) "Agency" means a public or private organization,
institution, or facility that is performing the functions under
part D of title IV of the social security act, 42 USC 651 to 669b,
or that is responsible under court order or contractual arrangement
juvenile's child's care and supervision.
(b) "Agency case file" means the current file from the agency
providing direct services to the child, that can include the child
protective services file if the child has not been removed from the
home or the department of human services or contract agency foster
defined provided under 1973 PA 116, MCL 722.111 to
(c) "Attorney" means, if appointed to represent a child in a
proceeding under section 2(b) or (c) of this chapter, an attorney
serving as the child's legal advocate in a traditional attorney-
client relationship with the child, as governed by the Michigan
rules of professional conduct. An attorney defined under this
subdivision owes the same duties of undivided loyalty,
confidentiality, and zealous representation of the child's
expressed wishes as the attorney would to an adult client. For the
purpose of a notice required under these sections, attorney
includes a child's lawyer-guardian ad litem.
(d) "Case service plan" means the plan developed by an agency
and prepared under section 18f of this chapter that includes
services to be provided by and responsibilities and obligations of
the agency and activities, responsibilities, and obligations of the
parent. The case service plan may be referred to using different
names than case service plan including, but not limited to, a
parent/agency agreement or a parent/agency treatment plan and
"Foster care" means care provided to a
juvenile child in
foster family home, foster family group home, or child caring
institution licensed or approved under 1973 PA 116, MCL 722.111 to
or care provided to a
in a relative's home
under a court order.
(f) "Guardian ad litem" means an individual whom the court
appoints to assist the court in determining the child's best
interests. A guardian ad litem does not need to be an attorney.
(g) "Lawyer-guardian ad litem" means an attorney appointed
under section 17c of this chapter. A lawyer-guardian ad litem
represents the child, and has the powers and duties, as set forth
in section 17d of this chapter. The provisions of section 17d of
this chapter also apply to a lawyer-guardian ad litem appointed
under each of the following:
(i) Section 5213 or 5219 of the estates and protected
individuals code, 1998 PA 386, MCL 700.5213 and 700.5219.
(ii) Section 4 of the child custody act of 1970, 1970 PA 91,
(iii) Section 10 of the child protection law, 1975 PA 238, MCL
(h) "Nonparent adult" means a person who is 18 years of age or
older and who, regardless of the person's domicile, meets all of
the following criteria in relation to a child over whom the court
takes jurisdiction under this chapter:
(i) Has substantial and regular contact with the child.
(ii) Has a close personal relationship with the child's parent
or with a person responsible for the child's health or welfare.
(iii) Is not the child's parent or a person otherwise related to
the child by blood or affinity to the third degree.
(i) "Permanent foster family agreement" means an agreement for
a child 14 years old or older to remain with a particular foster
family until the child is 18 years old under standards and
requirements established by the department of human services, which
agreement is among all of the following:
(i) The child.
(ii) If the child is a temporary ward, the child's family.
(iii) The foster family.
(iv) The child placing agency responsible for the child's care
in foster care.
(j) "Relative" means an individual who is at least 18 years of
age and related to the child by blood, marriage, or adoption, as
grandparent, great-grandparent, great-great-grandparent, aunt or
uncle, great-aunt or great-uncle, great-great-aunt or great-great-
uncle, sibling, stepsibling, nephew or niece, first cousin or first
cousin once removed, and the spouse of any of the above, even after
the marriage has ended by death or divorce. A child may be placed
with the parent of a man whom the court has found probable cause to
believe is the putative father if there is no man with legally
established rights to the child. A placement with the parent of a
putative father under this subdivision is not to be construed as a
finding of paternity or to confer legal standing on the putative
(k) "Sex offenders registration act" means the sex offenders
registration act, 1994 PA 295, MCL 28.721 to 28.736.
juvenile child is alleged to be within the provisions
of section 2(b) of this chapter, the court may authorize a petition
to be filed at the conclusion of the preliminary hearing or
inquiry. The court may authorize the petition upon a showing of
probable cause that 1 or more of the allegations in the petition
are true and fall within the provisions of section 2(b) of this
chapter. If a petition is before the court because the department
of human services is required to submit the petition under section
17 of the child protection law, 1975 PA 238, MCL 722.637, the court
shall hold a hearing on the petition within 24 hours or on the next
business day after the petition is submitted, at which hearing the
court shall consider at least the matters governed by subsections
(5), and (17).
(3) Except as provided in subsections (5) and (6), if a
petition under subsection (2) is authorized, the court may release
juvenile child in the custody of either of the juvenile's his
her parents or
the juvenile's his or her guardian or custodian
under reasonable terms and conditions necessary for either the
child's physical health or mental well-being.
(4) The court may order a parent, guardian, custodian,
nonparent adult, or other person residing in a child's home to
leave the home and, except as the court orders, not to subsequently
return to the home if all of the following take place:
(a) A petition alleging abuse of the child by the parent,
guardian, custodian, nonparent adult, or other person is authorized
under subsection (2).
(b) The court after a hearing finds probable cause to believe
the parent, guardian, custodian, nonparent adult, or other person
committed the abuse.
(c) The court finds on the record that the presence in the
home of the person alleged to have committed the abuse presents a
substantial risk of harm to the child's life, physical health, or
(5) If a petition alleges abuse by a person described in
subsection (4), regardless of whether the court orders the alleged
abuser to leave the child's home under subsection (4), the court
shall not leave the child in or return the child to the child's
home or place the child with a person not licensed under 1973 PA
116, MCL 722.111 to 722.128, unless the court finds that the
conditions of custody at the placement and with the individual with
whom the child is placed are adequate to safeguard the child from
the risk of harm to the child's life, physical health, or mental
(6) If a court finds a parent is required by court order to
register under the sex offenders registration act, the department
of human services may, but is not required to, make reasonable
efforts to reunify the child with the parent. The court may order
reasonable efforts to be made by the department of human services.
(7) In determining whether to enter an order under subsection
(4), the court may consider whether the parent who is to remain in
juvenile's child's home is married to the person to be removed
or has a legal right to retain possession of the home.
(8) An order entered under subsection (4) may also contain 1
or more of the following terms or conditions:
(a) The court may require the alleged abusive parent to pay
appropriate support to maintain a suitable home environment for the
child during the duration of the order.
(b) The court may order the alleged abusive person, according
to terms the court may set, to surrender to a local law enforcement
agency any firearms or other potentially dangerous weapons the
alleged abusive person owns, possesses, or uses.
(c) The court may include any reasonable term or condition
physical or mental well-being
necessary to protect the
(9) The court may order placement of the child in foster care
if the court finds all of the following conditions:
(a) Custody of the child with the parent presents a
substantial risk of harm to the child's life, physical health, or
(b) No provision of service or other arrangement except
removal of the child is reasonably available to adequately
safeguard the child from risk as described in subdivision (a).
(c) Continuing the child's residence in the home is contrary
to the child's welfare.
(d) Consistent with the circumstances, reasonable efforts were
made to prevent or eliminate the need for removal of the child.
(e) Conditions of child custody away from the parent are
adequate to safeguard the child's health and welfare.
If the court orders placement of the
the juvenile's his or her home, the court shall inform the
parties of the following:
(a) That the agency has the responsibility to prepare an
services plan within 30 days of the
(b) The general elements of an initial services plan as
required by the rules promulgated under 1973 PA 116, MCL 722.111 to
(c) That participation in the initial services plan is
voluntary without a court order.
(11) Before or within 7 days after a child is placed in a
relative's home, the department of human services shall perform a
criminal record check and central registry clearance. If the child
is placed in the home of a relative, the court shall order a home
study to be performed and a copy of the home study to be submitted
to the court not more than 30 days after the placement.
In determining placement of a
juvenile child pending
the court shall order the
juvenile child placed in the most
setting available consistent with
the juvenile's his or
juvenile child is removed from his or her home, the
shall permit the
parent to have frequent
time with the
If parenting time, even if
may be harmful to the
the court shall
order the child to have a psychological evaluation or counseling,
or both, to determine the appropriateness and the conditions of
parenting time. The court may suspend parenting time while the
psychological evaluation or counseling is conducted.
(14) Upon the motion of any party, the court shall review
custody and placement orders and initial services plans pending
trial and may modify those orders and plans as the court considers
this section are in the
juvenile's child's best interests.
(15) The court shall include in an order placing a child in
foster care an order directing the release of information
concerning the child in accordance with this subsection. If a child
is placed in foster care, within 10 days after receipt of a written
request, the agency shall provide the person who is providing the
foster care with copies of all initial, updated, and revised case
service plans and court orders relating to the child and all of the
child's medical, mental health, and education reports, including
reports compiled before the child was placed with that person.
(16) In an order placing a child in foster care, the court
shall include both of the following:
(a) An order that the child's parent, guardian, or custodian
provide the supervising agency with the name and address of each of
the child's medical providers.
(b) An order that each of the child's medical providers
release the child's medical records. The order may specify
providers by profession or type of institution.
(17) If in a proceeding under this section a court finds that
a parent, guardian, custodian, or nonparent adult has medication
prescribed by a qualified physician under the Michigan medical
marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430, and that the
parent's, guardian's, custodian's, or nonparent adult's continued
use of the medication might be interfering with the ability,
judgment, or skill to parent or care for the child based on the
parent's, guardian's, custodian's, or nonparent adult's history or
any other information, the court may issue an order directing the
parent, guardian, custodian, or nonparent adult to do any of the
(a) Sign a release to allow the court to view his or her
medical records to determine the reason for the prescription and
the relationship between the qualified physician and the parent,
guardian, custodian, or nonparent adult.
(b) Submit to an independent medical evaluation to determine
if the prescription is necessary or if other medication would be in
the parent's, guardian's, custodian's, or nonparent adult's best
(c) Discontinue use of the medication if the parent's,
guardian's, custodian's, or nonparent adult's medical evaluation or
records indicate that it is not in the parent's, guardian's,
custodian's, or nonparent adult's best interests to continue use.
(d) Continue use under the qualified physician's directive and
approval and allow the court to view medical records for the
duration of the case to determine if there is further reason for
concern that the parent's, guardian's, custodian's, or nonparent
adult's continued use of the medication might be interfering with
the ability, judgment, or skill to parent or care for the child.
(e) Any other order that the court considers necessary that is
otherwise within the authority of the court in the best interests
of the child.
As used in this section: ,
(a) "Abuse" means 1 or more of the following:
Harm or threatened harm by a person
to a juvenile's
child's health or welfare that occurs through nonaccidental
physical or mental injury.
Engaging in sexual contact or
sexual penetration as
defined in section 520a of the Michigan penal code, 1931 PA 328,
750.520a, with a
Sexual exploitation of a juvenile,
includes, but is not limited to, allowing, permitting, or
juvenile child to engage in prostitution or allowing,
permitting, encouraging, or engaging in photographing, filming, or
juvenile child engaged in a listed sexual act as
defined in section 145c of the Michigan penal code, 1931 PA 328,
Maltreatment of a juvenile.child.
(b) "Qualified physician" means a person licensed in this
state under article 15 of the public health code, 1978 PA 368, MCL
333.16101 to 333.18838, to practice medicine either as a medical
doctor or a doctor of osteopathic medicine who has at least a 6-
month doctor-patient relationship with the patient and who
specializes in the ailment with which the patient is diagnosed.