Introduced by Sen. Jim Barcia (D) on November 28, 2006, to establish that an appeal by an attorney of a ruling by the superintendent of the Michigan Children's Institute (the entity that is the statutory legal guardian for such children) on behalf of a child who is a ward of the state (because parental rights have been terminated) must proceed in the same manner as a “contested case” under the state Administrative Procedures Act.
Referred to the Senate Judiciary Committee on November 28, 2006.
1) Ladymelanie by Anonymous Citizen on January 18, 2007 Why would you want to step backwards? Taking a parents right to appeal is nonsense. If it were your child or your grandchildren you'd want every available and legal thing to be done. The state already has WAY to much control over these situations as it is. Once again you want to give one department or person too much power. It's NOT working now, what would make you think revising this will make it any better. If you can't be constructive and help solve the problem, you are PART of the problem. This is the worst idea any Legislators had in a while. You've already seen, with all the recent deaths of children in the state's "loving care" it's not possible for the State of Michigan to do any job where children are concerned well. Parents need the right to appeal. If not, you are giving them a death sentence without due process. Reply
2) Arbitrary and Capricious Legislation by batran on December 6, 2006 There exists only one reason to introduce such a cloaking piece of legislation: to veil the lack of administrative oversight of the Superintendent. By usurping the constitutional rights of parents who have had their parental rights terminated with adminsitrative procedure must be seen as a tactic to circumvent the issue of accountability faced in Michigan's child welfare system. Transparency and accountability are national issues that will now be focused on the nation's failing and ailing child welfare system.
Michigan should not support the dissolvement of checks and balances with what I coin as the "fouth branch of government": the administrative branch. Dependency courts across the nation are preparing for public scrutiny, and Michigan should not create legislation to exclude itself from open governance. The MCI Superintendent is the sole guardian for over 7000 children in wardship of the state. The MCI Superintendent is the sole guarantee for Michigan to meet its previous year's benchmarks for federal subsidies. It is time to restructure the last component of the State's child welfare system, MCI.
Energy should be devoted in restructuring MCI simultaneously with DHS. This bill is, once again, a ptolemic, for those in a position of leadership. The focus should be "family-centic".
Rhode Island and Illinois have embraced new directions with the changing of guards in their Children and Family Services Divisions. Michigan should do the same.
If MCI has not committed acts in violation of law, then there should be no reason to remove due process from the judicial branch and place it in a "rubber stamped" venue.
I would like legislative history of this bill. I would appreciate the opportunity to provide an indepth analysis of the long term inpacts and externalities of a piece of legislation of this magnitutde. I wish to participate in the discussions and invite anyone who is concerned or remotely interested to contact me.
I suggest all to review Article I sections 19 and 20 of the Michigan Constitution and question the viability of formal litigation.
Simply put, this is not good legislation for the State. Michigan and its citizens deserve better from thier elected officials.