Michigan Senate Bill SB0218

Michigan 2025-2026 Regular Session

• Introduced: 4/17/25
• Refer: 4/17/25

Caption

Children: parental rights; process to allow the reinstatement of terminated parental rights; create. Amends 1939 PA 288 (MCL 710.21 - 712B.41) by adding sec. 21a to ch. XIIA.

Summary

Senate Bill 218 seeks to amend the Probate Code of 1939 by adding a new section that allows for the reinstatement of parental rights under specific conditions. The bill stipulates that a court may issue an order to reinstate parental rights if more than three years have elapsed since their termination, and the child's permanency goal has shifted away from adoption or guardianship. Importantly, it specifies that the qualifying child must either be at least 14 years of age or be a sibling of another child who is at least 14 and for whom reinstatement is pursued. This allows older children to have a more significant say in their familial relationships as they reach adolescence. The proposed legislation sets forth a structured court process for reinstatement. It stipulates that certain parties, such as the Department, the Michigan Children's Institute (MCI), or a lawyer-guardian ad litem for the child, can petition the court for reinstatement. The court is required to conduct a comprehensive assessment that includes criminal background checks and the child's best interests before proceeding with a hearing. This reflects an emphasis on thorough vetting to ensure that reinstatement serves the child's welfare and safety before any decisions are made. One notable aspect of the bill is that it introduces a trial period for parental reinstatement. Should the court find initial reinstatement favorable, it can order a trial period not exceeding 180 days during which the child may be conditionally placed with the parent. This period is designed to allow both the family and the court to assess the effectiveness and stability of the reunification, with the possibility for the court to remove the child if risks to their wellbeing are identified. While the bill seeks to address gaps in the current process concerning reinstatement of parental rights, it has been met with concerns regarding its implications. Critics argue that reinstating parental rights could lead to instability for children who have already experienced disruptions in their familial ties. Proponents, however, see it as a necessary avenue for families seeking healing and reunification, asserting that children deserve the chance to reconnect with their parents if deemed appropriate by the courts. This legislation represents a significant shift in handling complex family dynamics within the legal framework, reflecting ongoing debates within child welfare policy.