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Latest post 04-30-2009 11:46 AM by beverlytran. 4 replies.
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  • 01-01-2001 12:00 AM

    • admin
    • Top 10 Contributor
    • Joined on 11-22-2008

    2009 House Bill 4535 (Revise parental rights termination grounds )

    Introduced in the House on March 10, 2009

    Click here to view bill details.
  • 03-20-2009 8:25 PM In reply to

    Re: 2009 House Bill 4535 (Revise parental rights termination grounds )

    Reinstatement of Parental Rights

    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

  • 04-29-2009 9:50 PM In reply to

    Re: 2009 House Bill 4535 (Revise parental rights termination grounds )

    admin:
    Introduced in the House on March 10, 2009

    Click here to view bill details.
     

    how long does the child need to be abandoned by the absent parent in order for the parental rights are terminated? 

    Kelli8850@yahoo.com

  • 04-30-2009 9:25 AM In reply to

    Re: 2009 House Bill 4535 (Revise parental rights termination grounds )

    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

  • 04-30-2009 11:46 AM In reply to

    Re: 2009 House Bill 4535 (Revise parental rights termination grounds )

    Another aspect to the vaugueness of the term "abondonment" is whether it is a legal or illegal abandonment.  Legal abandonment legislation can be found in the Born Alive Infant Prevention Act and the Safe Delivery Program. 

    Perversely, Illegal Abandonment has been always interpreted as unauthorized kinship or affinity placements.  Under these conditions, parental rights have been terminated by the courts, and the practice shall continue until there is put in place a system of regulation for the birth families to be able to exercise their rights to petition the government for redress of grievance.

    As it currently stands, the grievance procedures in the state are only built of straw.

    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

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