GUARDIAN AD LITEM/FOSTER CARE REVIEW S.B. 1444 (S-3): FLOOR ANALYSIS






Senate Bill 1444 (Substitute S-3 as reported by the Committee of the Whole)
Sponsor: Senator Alan L. Cropsey
Committee: Judiciary

CONTENT
The bill would amend the juvenile code to do the following:

-- Require a lawyer-guardian ad litem to review an "agency case file" before a hearing for termination of parental rights.
-- Require a lawyer-guardian ad litem appointed for a child to meet with and observe the child before the following proceedings: a pretrial hearing; an initial disposition, if held more than 91 days after the petition had been authorized; a dispositional review hearing; a permanency planning hearing; and a posttermination review hearing; as well as at least once during the pendency of a supplemental petition.
-- Expand the definition of "related" in a provision allowing the court to place a juvenile with a related adult.
-- Allow placement with the parent of a man whom the court had probable cause to believe was the putative father, if there were no other man with legally established rights to the child.
-- Require the foster care review board to investigate a change in placement within seven days, rather than three days, after foster parents appealed the change in placement, and report its findings and recommendations within three days after completing the investigation. (Currently, the board must investigate and report within three days.)


The bill would define "agency case file" as the current file from the agency providing direct services to the child, which could include the child protective services file, if the child had not been removed from the home, or the Family Independence Agency or contract agency foster care file.


MCL 712A.13a et al. Legislative Analyst: Patrick Affholter

FISCAL IMPACT
The bill would have no significant fiscal impact on State or local government.


Date Completed: 11-3-04 Fiscal Analyst: Bethany Wicksall

Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb1444/0304