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MI SB0218

MI SB0218
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.


summary

Introduced
04/17/2025
In Committee
04/17/2025
Crossed Over
Passed
Dead

Introduced Session

103rd Legislature

Bill Summary

A bill to amend 1939 PA 288, entitled"Probate code of 1939,"(MCL 710.21 to 712B.41) by adding section 21a to chapter XIIA.

AI Summary

This bill creates a process for reinstatement of terminated parental rights under specific circumstances. The bill allows a court to potentially restore parental rights if at least three years have passed since termination and the child is either 14 years old or has a sibling who is 14 for whom reinstatement is being sought. The department, Michigan Children's Institute (MCI), or the child's lawyer-guardian ad litem can file a petition for reinstatement. The court must carefully consider multiple factors, including the parent's fitness, the child's age and preference, potential risks to the child's safety, and changes in circumstances since the original termination. If the court finds by clear and convincing evidence that reinstatement is in the child's best interests, it can either immediately reinstate parental rights or establish a 180-day trial period where the child is conditionally placed with the parent. During this trial period, the MCI retains legal custody and can remove the child if safety concerns arise. The bill includes multiple safeguards, such as requiring background checks, multiple court reviews, and transition services for the family. Importantly, the reinstatement does not retroactively modify the original termination order but fully restores the parent's rights if the trial period is successful.

Committee Categories

Justice

Sponsors (1)

Last Action

Referred To Committee On Civil Rights, Judiciary, And Public Safety (on 04/17/2025)

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