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MI HB4820

Bill

Status

Passed

3/9/2010

Primary Sponsor

Pamela Byrnes

Click for details

Origin

House of Representatives

95th Legislature

AI Summary

  • Department of Social Services must petition the court for authorization to seek termination of parental rights when a parent, guardian, custodian, or resident adult abuses a child or sibling involving criminal sexual conduct, severe physical abuse, abandonment, organ/limb loss, life-threatening injury, or murder/attempted murder.

  • Department must also petition when there is risk of harm to a child and the parent's parental rights were previously terminated or voluntarily terminated in another case involving similar serious abuse or crimes including voluntary manslaughter and aiding/abetting murder.

  • When submitting a petition under these conditions, the department must request termination of parental rights at the initial dispositional hearing if the parent is a suspected perpetrator or failed to take reasonable steps to prevent harm.

  • If the department considers petitioning for termination of parental rights but facts do not mandate action under the above conditions, the department must hold a conference with relevant personnel and notify the child's attorney; disagreements are resolved by the department director after consulting with attorneys for both the department and child.

  • Effective date is September 4, 2010, contingent upon enactment of House Bill 4535 of the 95th Legislature.

Legislative Description

Children; abuse or neglect; conditions involving termination of parental rights in child protection law; restrict. Amends sec. 18 of 1975 PA 238 (MCL 722.638).

Children, abuse or neglect

Last Action

Assigned Pa 12'10 With Immediate Effect

3/9/2010

Committee Referrals

Families & Human Services4/29/2009
Judiciary4/21/2009

Full Bill Text

No bill text available