May 17, 2006, Introduced by Senator VAN WOERKOM and referred to the Committee on Judiciary.
A bill to amend 1998 PA 386, entitled
"Estates and protected individuals code,"
(MCL 700.1101 to 700.8102) by adding section 5106a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5106a. (1) On filing an application requesting the
appointment of a specific individual as a guardian or conservator
of a minor or legally incapacitated individual, the applicant shall
request that the criminal records division of the department of
state police do both of the following in relation to the individual
to be appointed:
(a) Provide a criminal history check.
(b) Obtain a criminal records check through the federal bureau
of investigation.
(2) A court shall not appoint an individual to be a guardian
or conservator for a minor or legally protected individual until
after the court receives and considers the results of the criminal
history or criminal records check described in subsection (1). If
the court is considering appointing an individual whose appointment
is not requested in the petition, the court shall initiate the
criminal history or criminal records check described in subsection
(1), unless the court is considering the appointment of an
individual for whom the court already has the results of the
criminal history or criminal records check.
(3) A petitioner who files a petition described in subsection
(1) shall request the individual nominated in the petition, or, if
applicable, the court acting under subsection (2) shall request the
appropriate individual, to give written consent for the criminal
records division of the department of state police to conduct and
obtain the criminal history or criminal records check required by
this section and to submit his or her fingerprints to the
department of state police for that purpose.
(4) The court may order that the criminal history or criminal
records check described in subsection (1) be performed for an
individual who has already been appointed as a guardian or
conservator for the minor or legally incapacitated individual.
(5) The department of state police may charge a fee for
conducting and obtaining the criminal history and criminal records
checks required by this section. Unless the court orders otherwise,
the applicant shall pay the fees for the criminal history and
criminal records checks.
(6) After receiving a request under this section and any
required consent, fingerprints, and fee, the criminal records
division of the department of state police shall do both of the
following:
(a) Conduct a criminal history check and provide a report of
the results of the criminal history check to the court.
(b) Initiate the criminal records check through the federal
bureau of investigation and provide the results to the court.
(7) A report of a criminal history or criminal records check
provided to the court under this section shall be used by a court
only for the purpose of evaluating an individual's qualifications
to serve as a guardian or conservator. The court or an employee or
agent of the court shall not disclose the report or its contents to
any person who is not an interested party. The report shall not be
placed in a court file that is available to the public and is
exempt from disclosure under the freedom of information act, 1976
PA 442, MCL 15.231 to 15.246. A person who violates this subsection
is guilty of a misdemeanor punishable by a fine of not more than
$10,000.00.