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MI HB5948

Bill

Status

Introduced

5/9/2018

Primary Sponsor

Peter Lucido

Click for details

Origin

House of Representatives

99th Legislature

AI Summary

  • Court must review guardianships annually for minors under 6 years old and may review at other times, considering factors including compliance with placement plans, guardian's adequacy in providing for minor's welfare, necessity of guardianship, and effects on the minor's welfare.

  • Parents may petition to terminate a limited guardianship or guardianship established under section 5204, and court shall terminate a limited guardianship if parents substantially complied with the placement plan, with up to 6 months for reintegration into parental home.

  • For other guardianship termination petitions, court may terminate guardianship if in minor's best interests, continue for up to 1 year with court-structured plans, or continue if clear and convincing evidence shows continuation serves minor's best interests after 1+ year of guardian custody.

  • Court may order Department of Health and Human Services (replacing references to Family Independence Agency) to conduct investigations, supervise transitions, provide reintegration services, and may appoint attorneys or guardians ad litem to represent minor's interests.

  • Bill applies to all guardianships established before, on, or after April 1, 2000.

Legislative Description

Probate; guardians and conservators; provisions in the estates and protected indiviudals code related to termination of a limited guardianship of a minor; revise structure. Amends secs. 5207, 5208 & 5209 of 1998 PA 386 (MCL 700.5207 et seq.).

Probate: guardians and conservators

Last Action

Bill Electronically Reproduced 05/09/2018

5/10/2018

Committee Referrals

Judiciary5/9/2018

Full Bill Text

No bill text available