New Legislation: 2010 PA 7 & 2010 PA 12

Two Bills recently signed into law would amend MCL 712A.19b(3)(m) and MCL 722.638 to permit a court to terminate parental rights only if parental rights were voluntarily terminated in cases that involved abandonment of a young child; criminal sexual conduct; severe physical abuse; life-threatening injury; murder; voluntary manslaughter; or other specified types of abuse.  These laws will take effect September

Under current law, MCL 712A.19b(3)(m) permits a court to terminate a parent’s parental rights to a child if the parent voluntarily terminated rights to another child after abuse or neglect proceedings were initiated.

Currently, MCL 722.638 requires the Department of Human Services (DHS) to petition the family court to terminate parental rights to a child if there is a basis to terminate parental rights under MCL 712A.19b(3)(m). The amended statute will only require DHS to file a petition to terminate parental rights under the circumstances outlined in the amended MCL 712A.19b(3)(m).

MCL 712A.19b(3)(m), as of September 4, 2010, will read:

(3) The court may terminate a parent’s parental rights to a child if the court finds, by clear and convincing evidence, 1 or more of the following:

***

(m) The parent’s rights to another child were voluntarily terminated following the initiation of proceedings under section 2(b) of this chapter or a similar law of another state and the proceeding involved abuse that included 1 or more of the following:

(i) Abandonment of a young child.

(ii) Criminal sexual conduct involving penetration, attempted penetration, or assault with intent to penetrate.

(iii) Battering, torture, or other severe physical abuse.

(iv) Loss or serious impairment of an organ or limb.

(v) Life-threatening injury.

(vi) Murder or attempted murder.

(vii) Voluntary manslaughter.

(viii) Aiding and abetting, attempting to commit, conspiring to commit, or soliciting murder or voluntary manslaughter.

This change is a much-needed move in the right direction.

Links to the Public acts: 2010 PA 7; 2010 PA 12