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MI HB4019

Bill

Status

Introduced

1/18/2023

Primary Sponsor

Graham Filler

Click for details

Origin

House of Representatives

102nd Legislature

AI Summary

  • Allows courts to reinstate terminated parental rights if 3 or more years have passed since termination and the child is at least 14 years old, or is a younger sibling of a child who is at least 14 years old.

  • Permits the Department, Michigan Child Welfare Institution (MCI), or child's lawyer-guardian ad litem to petition for reinstatement; requires criminal background checks and central registry clearance checks before hearings.

  • Courts must consider parent fitness, whether grounds for termination have been remedied, child's age and preferences, risks to child's health and safety, and other material changes in circumstances when deciding reinstatement petitions.

  • Authorizes courts to order a trial reinstatement period not exceeding 180 days, during which MCI retains legal custody, provides transition services, and can remove the child if safety or welfare is at risk; requires court review at least every 90 days.

  • Upon clear and convincing evidence that reinstatement serves the child's best interests, court removes child from MCI commitment and restores all parental rights, powers, duties, and obligations regarding custody, control, and support.

Legislative Description

Children: parental rights; process to allow the reinstatement of terminated parental rights; create. Amends 1939 PA 288 (MCL 710.21 - 712B.41) by adding sec. 21a to ch. XIIA.

Children: parental rights

Last Action

Bill Electronically Reproduced 01/18/2023

1/19/2023

Committee Referrals

Criminal Justice1/18/2023

Full Bill Text

No bill text available