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MI HB6316

Bill

Status

Introduced

9/5/2018

Primary Sponsor

Peter Lucido

Click for details

Origin

House of Representatives

99th Legislature

AI Summary

  • Adds new ground for termination of parental rights (subsection 3(n)) when a natural parent or putative father is convicted of more than 2 felonies and designated a habitual offender under Michigan criminal procedure law.

  • Allows the habitual offender ground to be overcome by clear and convincing evidence of one of four conditions: establishing paternity and financial support ability, completing all offered rehabilitative services without violation, maintaining current child support for 12+ months with proof of income and housing, or demonstrating established custodial environment with education, support, and stability with minimal state assistance.

  • Preserves existing grounds for termination of parental rights including child abandonment, physical or sexual abuse, failure to rectify conditions within 182 days, imprisonment exceeding 2 years, and various serious criminal convictions related to child abuse.

  • Requires written notice at least 14 days before termination hearing to be served on the agency, foster parent, parents, guardian, guardian ad litem, tribal leader if applicable, child's attorney, all parties' attorneys, prosecutor, and child if 11 years or older.

  • Specifies court must issue opinion or order within 70 days of initial hearing commencement and may suspend parenting time once petition is filed; failure to meet deadline does not dismiss petition.

Legislative Description

Children; parental rights; termination of parental rights for parent convicted of certain offenses; allow under certain condition. Amends sec. 19b, ch. XIIA of 1939 PA 288 (MCL 712A.19b).

Family law: child custody

Last Action

Bill Electronically Reproduced 09/05/2018

9/6/2018

Committee Referrals

Judiciary9/5/2018

Full Bill Text

No bill text available