Monday, February 22, 2010

State Bar of Michigan Works With Citizens

The State Bar of Michigan is so dazed and confused, but I am working with them.

Of course, I am quite sure everyone is asking themselves, "Why is this so?"  Well, sit back and allow me to cut and paste direct email communications from the State Bar of Michigan (SBM).

The thread begins with my query as to why the refused to take a policy position on adoption matters.

SBM Response: Thank you for inquiring about the State Bar's position on SB 891-893. The State Bar of Michigan is a mandatory bar, which makes us subject to a U.S. Supreme Court ruling regarding the type of ideological activity we may engage in. Upon initial review, SB 891-893 are outside of the scope of legislation the State Bar may take a position. 

My Response: Thank you for your response, but I find your reply to be of concern when the Family Law Section has previously found this subject matter to be within the scope of legislation which the State Bar has taken policy positions. 

SBM Response:  I was able to touch base with the Family Law Section yesterday. Their legislative chair responded that the Section did not have a position on these bills and he does not recall having a position on similar bills from past legislative sessions. The Family Law Section does not frequently deal with legislation on adoption issues. 



My Response:


Page 1 of 1
FAMILY LAW SECTION
Report on Public Policy Position
Name of section: Family Law Section
Contact person: Kent Weichmann
E-mail: weichmann@earthlink.net

Bill Number: HB 4131 (Smith) Children; adoption; second parent adoption; provide for. Amends secs. 24 & 51 of 1939 PA 288 (MCL 710.24 & 710.51).

Date position was adopted: April 4, 2009

Process used to take the ideological position:
Position adopted after discussion and vote at a scheduled meeting.

Number of members in the decision-making body: 21

Number who voted in favor and opposed to the position:
13 Voted for position
2 Voted against position
0 Abstained from vote
6 Did not vote
Position:
Support

Explanation of the position, including any recommended amendments:

HB 4131 is a reintroduction of the second parent adoption bill that the Family Law Section supported last term. It allows two unmarried persons to petition to adopt a child. The bill would increase the number of potential adoptive homes for children and provide children with stable families. The Family Law Section reaffirms its support for this bill.
The text of any legislation, court rule, or administrative regulation that is the subject of or referenced in this report.
http://legislature.mi.gov/doc.aspx?2009-HB-4131

Page 1 of 1
FAMILY LAW SECTION
Report on Public Policy Position
Name of section: Family Law Section
Contact person: Kent Weichmann
E-mail: weichmann@earthlink.net

Bill Number: SB 0227 (Clark-Coleman) Children; guardians; guardianship assistance act; clarify. Amends title & secs. 1, 2, 3, 4, 5, 6 & 9 of 2008 PA 260 (MCL 722.871 et seq.); adds secs. 5a & 5b & repeals secs. 7 & 10 of 2008 PA 260 (MCL 722.877 & 722.880).

Date position was adopted: April 4, 2009

Process used to take the ideological position:
Position adopted after discussion and vote at a scheduled meeting.

Number of members in the decision-making body: 21

Number who voted in favor and opposed to the position:
15 Voted for position
0 Voted against position
0 Abstained from vote
6 Did not vote
Position:
Support

Explanation of the position, including any recommended amendments:

SB 227 is a reintroduction of a bill the Family Law Section supported last term. It allows guardians who are related to the child placed in their care to obtain assistance payments if they are otherwise qualified. The Family Law Section renews its support for this bill.

The text of any legislation, court rule, or administrative regulation that is the subject of or referenced in this report.
http://legislature.mi.gov/doc.aspx?2009-SB-0227


 Now, the SBM is taking a Public Policy Position on matters of adoption.

Report on Public Policy Position

Name of section: Family Law Section
Contact person: Kent Weichmann
E-mail: weichmann@earthlink.net

Bill Number: HB 5643 (Calley) Children; adoption; placement of child in homes with other blood siblings; require to consider as best interest of child. Amends 1939 PA 288 (MCL 710.21 - 712A.32) by adding sec. 23g to ch. X.

Date position was adopted: February 6, 2010

Process used to take the ideological position:
Position adopted after discussion and vote at a scheduled meeting.

Number of members in the decision-making body: 21

Number who voted in favor and opposed to the position:
19 Voted for position
0 Voted against position
0 Abstained from vote
2 Did not vote
Position:
Oppose

Explanation of the position, including any recommended amendments:

HB 5643 would amend the probate code for adoption proceedings to require DHS to “consider and evaluate” placing a child who is being removed from a home in the same placement as a sibling who was previously removed. The bill attempts to join two disparate proceedings: removals under the Juvenile Code and adoption proceedings. DHS already has a duty to try to keep family together under state law (MCL 722.954a(2)) and their own policy manual. This bill is unnecessary, and its reference to two disparate proceedings would distort the current process.

The Family Law Section opposes this bill.

The text of any legislation, court rule, or administrative regulation that is the subject of or referenced in this report. http://legislature.mi.gov/doc.aspx?2009-HB-5643



I concur with the Family Law Section of the SBM.


See, Kent, huney bunny, it really wasn't that difficult to work with me, now was it.  Take my hand, SBM, and let's work together to clean up the mess in Michigan's Child Welfare.  We can begin with Michigan Children's Institute.

Always remember, we are working with unsagacious legislature.

Thank you, SBM for working with the citizens of the state.

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