The current termination of parental rights statute assigns a time period for "dessertion" under the following two conditions:
712A.19b 2(a)(ii) The child's parent has deserted the child for 91 or more days and has not sought custody of the child during that period.
712A.19b(3)(a)(i) The child's parent is
unidentifiable, has deserted the child for 28 or more days, and has not
sought custody of the child during that 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.
712A.19b(3)(k) The parent abused the child or a sibling of the child and the abuse included 1 or more of the following:
(i) Abandonment of a young child.
Nowhere contained in this termination of parental rights statute is there a defined time period for abandonment.
Since there is no temporal codificaiton for "abandonmnet", the typical method utilized by child placing agencies is to assert the assignment of the penal code of abandonment as, not only making the situtation felonious, but automatically guaranteeing termination of parental rights.
Even though abandonment is under the penal code, it is not grounds for termination of parental rights. The statute has provisions to correct the event of abandonment.
Until there is an effective regulatory structure over the ethics and operations of child placing agencies, nothing will ever change. The following statute becomes the nexus between termination of parental rights and poverty.
750.161 Desertion, abandonment,
or refusal or neglect to provide shelter, food, care, and clothing;
felony; penalty; bond; probation; failure to comply with conditions in
bond; forfeiture of bond; disposition of sums received; continuing
offense; proof.
Sec. 161.
(1) A person who deserts and abandons his or her spouse or deserts
and abandons his or her children under 17 years of age, without
providing necessary and proper shelter, food, care, and clothing for
them, and a person who being of sufficient ability fails, neglects, or
refuses to provide necessary and proper shelter, food, care, and
clothing for his or her spouse or his or her children under 17 years of
age, is guilty of a felony, punishable by imprisonment in a state
correctional facility for not less than 1 year and not more than 3
years, or by imprisonment in the county jail for not less than 3 months
and not more than 1 year.
(2) If at any time before sentence the defendant enters into bond to
the people of the state of Michigan in such penal sum for such term and
with such surety or sureties as may be fixed by the court, conditioned
that he or she will furnish his or her spouse and children with
necessary and proper shelter, food, care, and clothing, or will pay to
the clerk of the court, or other designated person, such sums of money
at such times as the court shall order to be used to provide food,
shelter, and clothing for his or her spouse and children, or either of
them, then the court may make an order placing the defendant in charge
of a probation officer. The court may require that the defendant shall
from time to time report to the probation officer as provided by law.
The court may extend the period of probation from time to time or the
court may defer sentence in the cause, but no term of any bond or any
probation period shall exceed the maximum term of imprisonment as
provided for in this section.
(3) Upon failure of the defendant to comply with any of the
conditions contained in the bond, the defendant may be ordered to
appear before the court and show cause why sentence should not be
imposed, whereupon the court may pass sentence, or for good cause shown
may modify the order and further defer sentence as may be just and
proper. Whenever the whereabouts of the defendant is unknown, the court
may summarily issue a bench warrant for the arrest of the defendant.
(4) The court, upon default by the defendant to comply with the
conditions of the bond and the orders of the court, shall notify the
prosecuting attorney, who shall immediately file a petition in the
court in which the cause is pending to declare the bond forfeited. A
copy of the petition and a notice of hearing on the petition shall be
served upon the surety or sureties, if any, named in the bond at least
4 days before the hearing of the petition. Upon holding a hearing on
the petition, the court may declare the bond forfeited. When so
ordered, the prosecuting attorney shall immediately institute the
necessary action to collect the principal sum of the bond. If a cash
bond has been filed, the cash bond shall be declared forfeited by the
court.
(5) All sums received from bonds being forfeited shall be paid to
the clerk of the court, who shall hold and disburse the money for the
use of those entitled to the money in accordance with the orders of the
court for their necessary food, care, shelter, and clothing.
(6) Desertion, abandonment,
or refusal or neglect to provide necessary and proper shelter, food,
care, and clothing as provided in this section shall be considered to
be a continuing offense and may be so set out in any complaint or
information. Proof of the offense charged at any time during the period
alleged in the complaint or information shall be considered proof of a
violation of this section.
Beverly Tran
The people have the right to peaceably assemble, to consult for the common good, to instruct their representatives and to petition the government for redress of greivance.
Declaration of Rights, Article I, Section 3, Constitution of Michigan 1963