Failure to Provide Support
Child Judged in Need of Services/Dependent
Child's Best Interest
Felony assault of child or sibling
Murder/Manslaughter of sibling child
Circumstances That Are Not Grounds for Termination
Mental Illness or Deficiency
Alcohol or Drug Induced Incapacity
Failure to Establish Paternity
Child in care 15 of 22 months (or less)
Mich. Comp. Laws Ann. § 712A.19b(1), (3), (6) (West, WESTLAW through 2002 Reg. Sess.)
Except as provided below, if a child remains in foster care in the temporary custody of the court following a review hearing or a permanency planning hearing or if a child remains in the custody of a guardian, upon petition of the prosecuting attorney, or petition of the child, guardian, custodian, concerned person as defined below, agency, or children's ombudsman, the court shall hold a hearing to determine if the parental rights to a child should be terminated and, if all parental rights to the child are terminated, the child placed in permanent custody of the court. The court shall issue an opinion or order regarding a petition for termination of parental rights within 70 days after the commencement of the initial hearing on the petition. However, the court's failure to issue an opinion within 70 days does not dismiss the petition.
The court may terminate a parent's parental rights to a child if the court finds, by clear and convincing evidence, one or more of the following:
The child has been deserted under any of the following circumstances: the child's parent is unidentifiable, has deserted the child for 28 or more days, and has not sought custody of the child during this period. For the purposes of this section, a parent is unidentifiable if the parent's identity cannot be ascertained after reasonable efforts have been made to locate and identify the parent; the child's parent has deserted the child for 91 or more days and has not sought custody of the child during that period; or the child's parent voluntarily surrendered the child to an emergency service provider under chapter 12 and did not petition the court within 28 days after surrendering the child;
The child or a sibling of the child has suffered physical injury or physical or sexual abuse under one or more of the following circumstances: the parent's act caused the physical injury or physical or sexual abuse and the court finds that there is a reasonable likelihood that the child will suffer from injury or abuse in the foreseeable future if placed in the parent's home; the parent who had the opportunity to prevent the physical injury or physical or sexual abuse failed to do so and the court finds that there is a reasonable likelihood that the child will suffer injury or abuse in the foreseeable future if placed in the parent's home; a nonparent adult's act caused the physical injury or physical or sexual abuse and the court finds that there is a reasonable likelihood that the child will suffer from injury or abuse by the nonparent adult in the foreseeable future if placed in the parent's home;
The parent was a respondent in a proceeding brought under this chapter, 182 or more days have elapsed since the issuance of an initial dispositional order, and the court, by clear and convincing evidence, finds either of the following: the conditions that led to the adjudication continue to exist and there is no reasonable likelihood that the conditions will be rectified within a reasonable time considering the child's age; or other conditions exist that cause the child to come within the court's jurisdiction; the parent has received recommendations to rectify those conditions, the conditions have not been rectified by the parent after the parent has received notice and a hearing and has been given a reasonable opportunity to rectify the conditions; and there is no reasonable likelihood that the conditions will be rectified within a reasonable time considering the child's age;
The child's parent has placed the child in a limited guardianship, and has substantially failed, without good cause, to comply with a limited guardianship placement plan regarding the child to the extent that the noncompliance has resulted in a disruption of the parent-child relationship;
The child has a guardian, and the parent has substantially failed, without good cause, to comply with a court-structured plan regarding the child to the extent that the noncompliance has resulted in a disruption of the parent-child relationship;
The child has a guardian, and both of the following have occurred: the parent, having the ability to support or assist in supporting the minor, has failed or neglected, without good cause, to provide regular and substantial support for the minor for a period of two years or more before the filing of the petition or, if a support order has been entered, has failed to substantially comply with the order for a period of two years or more before the filing of the petition; and the parent, having the ability to visit, contact, or communicate with the minor, has regularly and substantially failed or neglected, without good cause, to do so for a period of 2 years or more before the filing of the petition;
The parent, without regard to intent, fails to provide proper care or custody for the child and there is no reasonable expectation that the parent will be able to provide proper care and custody within a reasonable time considering the child's age;
The parent is imprisoned for such a period that the child will be deprived of a normal home for a period exceeding 2 years, and the parent has not provided for the child's proper care and custody, and there is no reasonable expectation that the parent will be able to provide proper care and custody within a reasonable time considering the child's age;
Parental rights to one or more siblings of the child have been terminated due to serious and chronic neglect or physical or sexual abuse, and prior attempts to rehabilitate the parents have been unsuccessful;
There is a reasonable likelihood, based on the conduct or capacity of the child's parent, that the child will be harmed if he or she is returned to the home of the parent;
The parent abused the child or a sibling of the child and the abuse included one or more of the following: abandonment of a young child; criminal sexual conduct involving penetration, attempted penetration, or assault with intent to penetrate; battering, torture, or other severe physical abuse; loss or serious impairment of an organ or limb; life threatening injury; murder or attempted murder; voluntary manslaughter; or aiding and abetting, attempting to commit, conspiring to commit, or soliciting murder or voluntary manslaughter;
The parent's rights to another child were terminated or were voluntarily terminated;
The parent is convicted of one or more of the following, and the court determines that termination is in the child's best interests because continuing the parent-child relationship with the parent would be harmful to the child: a violation of the Michigan penal code pertaining to the offenses of murder, criminal sexual conduct, or assault with the intent to commit criminal sexual conduct; a violation of a criminal statute, an element of which is the use of force or the threat of force, and which subjects the parent to sentencing under the code of criminal procedure pertaining to subsequent convictions; a Federal law or law of another State with provisions substantially similar to a crime or procedure listed or described above.
As used in this section, 'concerned person' means a foster parent with whom the child is living or has lived who has specific knowledge of behavior by the parent constituting grounds for termination and who has contacted the family independence agency, the prosecuting attorney, the child's attorney, and the child's guardian ad litem, if any, and is satisfied that none of these persons intend to file a petition under this section.
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