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| September 21-27, 2009 | Volume 7 Issue 39 |
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FOCUS:The FY 2010 department budgets for Corrections and Judiciary were voted out of conference committee last week. The Department of Corrections will see a cut of $87.5 million in general fund spending, a 4.5% reduction. The conference committee report for Corrections will be received in the House on September 29. The Judiciary budget will rely on the federal Byrne Grant funding to continue the state’s mental health court pilot project and $1.4 million will be transferred from the juror compensation fund to the general fund. The Judiciary budget was adopted by the House of Representatives on a vote of 107-1 and will now be considered by the Senate. In the Capitol Committee meetings of interest for the week of 9/28 Complete Committee Meeting List Legislation Introduced 9/21–9/25 HB 5458 Courts; judges; number of judgeships in certain circuits; reduce temporarily. Amends secs. 507, 511, 517, 519, 521, 531, 532, 549 & 550 of 1961 PA 236 (MCL 600.507 et seq.) & adds sec. 550b. HB 5468 Communications; technology; validity of judgment or order created with an electronic record or signature; clarify. HB 5477 Courts; juries; names and addresses of taxpayers; allow to be given to jury boards for purposes of selecting juror pools. HB 5478 Courts; juries; jury pool selection process; revise. SB 0850 Courts; circuit court; requirements for adding circuit judgeships; adjust. Amends sec. 550 of 1961 PA 236 (MCL 600.550). SB 0851 Courts; circuit court; number of circuit judgeships; adjust. Amends sec. 507 of 1961 PA 236 (MCL 600.507). SB 0858 Torts; medical malpractice; emergency treatment rendered in a hospital; limit liability for. Amends 1961 PA 236 (MCL 600.101 - 600.9947) & adds sec. 2912i. In the Hall of Justice Administrative Orders |
Proposed Amendments 2008-43–Proposed Amendments of Rules 3.800, 3.802, 3.901, 3.903, 3.920, 3.921, 3.931, 3.935, 3.961, 3.963, 3.965, 3.974, 3.975, 3.976, 3.977, 3.980, 5.125, 5.402, and 5.404 and Proposed New Rules 3.002, 3.807, 3.905, 3.967, and 5.109 of the Michigan Court Rules MCR 3.002(1)(c) defines “preadoptive placement” to mean the “temporary placement of an Indian child in a foster home or institution after the termination of parental rights, but before or in lieu of adoptive placement, and . . . .” The phrase “in lieu of adoptive placement” is not intended to mean that it is permissible to leave a child in foster care indefinitely, in violation of MCL 712A.19b(6) or (7) or 45 CFR 1355.20, 45 CFR 1356.21, or 45 CFR 1356.50. Rather, it addresses situations where the parental rights to a child have been terminated and there is no permanency plan for adoption of the child. One example is when the child has been placed with a juvenile guardian and the guardianship is subsequently revoked. In this situation, jurisdiction over the child pursuant to MCL 712A.2(b) will be reinstated and the child is placed in foster care. The proposed amendment of MCR 3.905(C)(1) states that a court shall consider guidelines established by the Bureau of Indian Affairs (BIA) in determining whether good cause not to transfer exists (Guidelines for State Courts; Indian Child Custody Proceedings, 44 Fed Reg No 228, 67590-67592, C.2-C.4. [November 26, 1979]). Some examples of good cause are that the Indian tribe does not have a tribal court or that the Indian child is over 12 years old and objects to the transfer. For additional examples of good cause and relevant case law, see the BIA guidelines cited above and A Practical Guide to the Indian Child Welfare Act. (Native American Rights Fund, A Practical Guide to the Indian Child Welfare Act [Boulder, CO: Native American Rights Fund, 2007], 7.15 and 7.16, p 60.) Other Actions 2009-01–Supreme Court Appointment to the Attorney Grievance Commission At the Bar Free Attorney Pro Bono Training Sections and Committees State News |
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