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MI HB5975

Bill

Status

Passed

10/11/2022

Primary Sponsor

Laurie Pohutsky

Click for details

Origin

House of Representatives

101st Legislature

AI Summary

  • Establishes that a lawyer-guardian ad litem's duty is to the child, not the court, and must maintain attorney-client privilege with the child.

  • Requires lawyer-guardians ad litem to conduct independent investigations, review agency case files before disposition and termination of parental rights hearings, and review updated materials provided to court and parties at least 5 business days before hearings.

  • Mandates in-person meetings or observations with the child before pretrial hearings, initial dispositions (if more than 91 days after petition authorization), dispositional review hearings, permanency planning hearings, post-termination review hearings, and at least once during supplemental petitions.

  • Allows lawyer-guardians ad litem to advocate for the child's best interests independently from the child's expressed wishes, but requires communicating the child's position to the court if there is inconsistency; courts may appoint a separate attorney for the child in such cases.

  • Requires participation in trauma-informed training if provided by the state court administrative office and prohibits lawyer-guardians ad litem from being called as witnesses in the case; their case files are not discoverable.

Legislative Description

Courts: guardian ad litem; trauma-informed training for lawyer-guardian ad litem; require. Amends sec. 17d, ch. XIIA of 1939 PA 288 (MCL 712A.17d).

Courts: state court administration

Last Action

Assigned Pa 201'22 With Immediate Effect

10/11/2022

Committee Referrals

Health Policy And Human Services5/26/2022
Families, Children, And Seniors3/24/2022

Full Bill Text

No bill text available