HB-4660, As Passed House, June 4, 2013

SUBSTITUTE FOR

HOUSE BILL NO. 4660

     A bill to amend 1939 PA 288, entitled

"Probate code of 1939,"

by amending sections 22, 31, and 36 of chapter X (MCL 710.22,

710.31, and 710.36), section 22 as amended by 2004 PA 487, section

31 as amended by 1994 PA 373, and section 36 as amended by 1996 PA

409; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER X

     Sec. 22. As used in this chapter:

     (a) "Adoptee" means the individual who is to be adopted,

regardless of whether the individual is a child or an adult.

     (b) "Adoption attorney" means an attorney acting as counsel in

an adoption proceeding or case.

     (c) "Adult former sibling" means an individual who is 18 years

of age or older and is related to an adult adoptee either

biologically or through adoption by at least 1 common parent,

regardless of whether the adult former sibling ever lived in the

same household as the adult adoptee.

     (d) "Agency placement" means a placement in which a child

placing agency, the department, or a court selects the adoptive

parent for the child and transfers physical custody of the child to

the prospective adoptive parent.

     (e) "Applicant" means an individual or individuals who desire

to adopt a child and who have submitted an adoption application to

a child placing agency.

     (f) "Attending practitioner" means a licensed physician or a

registered professional nurse certified as a nurse midwife by the

Michigan board of nursing.

     (g) "Best interests of the adoptee" or "best interests of the

child", except as otherwise provided in sections 29 and 44 of this

chapter, means the sum total of the following factors to be

considered, evaluated, and determined by the court to be applied to

give the adoptee permanence at the earliest possible date:

     (i) The love, affection, and other emotional ties existing

between the adopting individual or individuals and the adoptee or,

in the case of a hearing under section 39 of this chapter, the

putative father and the adoptee.

     (ii) The capacity and disposition of the adopting individual or

individuals or, in the case of a hearing under section 39 of this

chapter, the putative father to give the adoptee love, affection,

and guidance, and to educate and create a milieu that fosters the

religion, racial identity, and culture of the adoptee.

     (iii) The capacity and disposition of the adopting individual or

individuals or, in the case of a hearing under section 39 of this

chapter, the putative father, to provide the adoptee with food,

clothing, education, permanence, medical care or other remedial

care recognized and permitted under the laws of this state in place

of medical care, and other material needs.

     (iv) The length of time the adoptee has lived in a stable,

satisfactory environment, and the desirability of maintaining

continuity.

     (v) The permanence as a family unit of the proposed adoptive

home, or, in the case of a hearing under section 39 of this

chapter, the home of the putative father.

     (vi) The moral fitness of the adopting individual or

individuals or, in the case of a hearing under section 39 of this

chapter, of the putative father.

     (vii) The mental and physical health of the adopting individual

or individuals or, in the case of a hearing under section 39 of

this chapter, of the putative father, and of the adoptee.

     (viii) The home, school, and community record of the adoptee.

     (ix) The reasonable preference of the adoptee, if the adoptee

is 14 years of age or less and if the court considers the adoptee

to be of sufficient age to express a preference.

     (x) The ability and willingness of the adopting individual or

individuals to adopt the adoptee's siblings.

     (xi) Any other factor considered by the court to be relevant to

a particular adoption proceeding, or to a putative father's request

for child custody.

     (h) "Born out of wedlock" means a child conceived and born to

a woman who was not married from the conception to the date of

birth of the child, or a child whom the court has determined to be

a child born during a marriage but not the issue of that marriage.

     (i) "Central adoption registry" means the registry established

by the department under section 27b of this chapter to control the

release of identifying adoption information.

     (j) "Child" means an individual less than 18 years of age.

     (k) "Child placing agency" means a private organization

licensed under 1973 PA 116, MCL 722.111 to 722.128, to place

children for adoption.

     (l) "Consent" means a document in which all parental rights

over a specific child are voluntarily relinquished to the court for

placement with a specific adoptive parent.

     (m) "Court" means the family division of circuit court of this

state, or if the context requires, the court having jurisdiction

over adoption in another state or country.

     (n) "Department" means the family independence

agency.department of human services.

     (o) "Direct placement" means a placement in which a parent or

guardian selects an adoptive parent for a child, other than a

stepparent or an individual related to the child within the fifth

degree by marriage, blood, or adoption, and transfers physical

custody of the child to the prospective adoptive parent.

     (p) "Formal placement" means a placement that is approved by

the court under section 51 of this chapter.

     (q) "Person" means an individual, partnership, corporation,

association, governmental entity, or other legal entity.

     (r) "Petitioner", except as used in section 68b of this

chapter, means the individual or individuals who file an adoption

petition with the court.

     (s) "Placement" or "to place" means selection of an adoptive

parent for a child and transfer of physical custody of the child to

a prospective adoptive parent according to this chapter.

     (t) "Relative" means an individual who is related to the child

within the fifth degree by marriage, blood, or adoption.

     (u) "Release" means a document in which all parental rights

over a specific child are voluntarily relinquished to the

department or to a child placing agency.

     (v) "Rescission petition" means a petition filed by an adult

adoptee and his or her parent whose rights have been terminated to

rescind the adoption in which a stepparent acquired parental rights

and to restore parental rights of that parent according to section

66 of this chapter.

     (w) "Responsible father registry" means the responsible father

registry created and maintained under sections 2892 to 2892e of the

public health code, 1978 PA 368, MCL 333.2892 to 333.2892e.

(x) (w) "Suitable to be a parent of an adoptee" means a

conclusion that there is no specific concern with respect to an

individual that would suggest that placement of any child, or a

particular child, in the home of the individual would pose a risk

of harm to the physical or psychological well-being of the child.

(y) (x) "Temporary placement" means a placement that occurs

before court approval under section 51 of this chapter and that

meets the requirements of section 23d of this chapter.

(z) (y) "Within the fifth degree by marriage, blood, or

adoption" means any of the following relationships: parent, step-

parent, grandparent, step-grandparent, brother, step-brother,

sister, step-sister, uncle, step-uncle, aunt, step-aunt, first

cousin, step-first cousin, great aunt, step-great aunt, great

uncle, step-great uncle, great grandparent, step-great grandparent,

first cousin once removed, step-first cousin once removed, great

great grandparent, step-great great grandparent, great great uncle,

step-great great uncle, great great aunt, step-great great aunt,

great great great grandparent, or step-great great great

grandparent.

Sec. 31. (1) Except as provided in section 23d of this

chapter, if a child is born out of wedlock and the release or

consent of the biological father cannot be obtained or the

biological father has registered with the responsible father

registry, the child shall not be placed for adoption until the

parental rights of the father are terminated by the court as

provided in section 37 or 39 of this chapter, by the court pursuant

to under chapter XIIA, or by a court of competent jurisdiction in

another state or country.

     (2) Pending the termination or other disposition of the rights

of the father of a child born out of wedlock, the mother may

execute a release terminating her rights to the child. If the

mother releases the child, the child placing agency or department

to which the child is released may file a petition of dependency or

neglect pursuant to under chapter XIIA. Pending disposition of the

dependency or neglect petition, the court may enter an order

authorizing temporary care of the child.

     (3) At the request of the mother, her formal execution of a

release or consent shall be delayed until after court determination

of the status of the putative father's request for custody of the

child.

Sec. 36. (1) If a child is claimed to be born out of wedlock

and the mother executes or proposes to execute a release or consent

relinquishing her rights to the child or joins in a petition for

adoption filed by her husband, and the release or consent of the

natural father cannot be obtained, the judge shall hold a hearing

as soon as practical to determine whether the child was born out of

wedlock, to determine the identity of the father, and to determine

or terminate the rights of the father as provided in this section

and sections 37 and 39 of this chapter.

     (2) Proof of service of a notice of intent to release or

consent or the putative father's verified acknowledgment of notice

of intent to release or consent shall be filed with the court, if

the notice was given to the putative father. The court shall

request the vital records division of the department of public

community health to send to the court a copy of any notice of

intent to claim paternity of the particular child which the

division has received.information regarding a putative father who

has registered with the responsible father registry.

     (3) Notice of the hearing shall be served upon the following:

     (a) A a putative father who has timely filed a notice of

intent to claim paternity as provided in section 33 or 34 of this

chapter.who has registered with the responsible father registry.

     (b) A putative father who was not served a notice of intent to

release or consent at least 30 days before the expected date of

confinement specified in the notice of intent to release or

consent.

     (c) Any other male who was not served pursuant to section

34(1) of this chapter with a notice of intent to release or consent

and who the court has reason to believe may be the father of the

child.

     (4) The notice of hearing shall inform the putative father

that his failure to appear at the hearing shall constitute a denial

of his interest in custody of the child, which denial shall result

in the court's termination of his rights to the child.

     (5) Proof of service of the notice of hearing required by

subsection (3) shall be filed with the court. A verified

acknowledgment of service by the party to be served is proof of

personal service. Notice of the hearing shall is not be required if

the putative father is present at the hearing. A waiver of notice

of hearing by a person entitled to receive it is sufficient.

     (6) The court shall receive evidence as to the identity of the

father of the child. The court may receive in lieu of the mother's

live testimony an affidavit or a verified written declaration from

the mother as evidence of the identity of the child's father. Based

upon the evidence received, the court shall enter a finding

identifying the father or declaring that the identity of the father

cannot be determined.

     (7) If the court finds that the child's father of the child is

a person who registered in a timely manner with the responsible

father registry but did not receive either a timely notice of

intent to release or consent pursuant to section 34(1) of this

chapter or a notice required pursuant to under subsection (3), and

who has neither waived his right to notice of hearing nor is

present at the hearing, the court shall adjourn further proceedings

until that person is served with a notice of hearing.

     Enacting section 1. Section 34 of chapter X of the probate

code of 1939, 1939 PA 288, MCL 710.34, is repealed.

     Enacting section 2. This amendatory act takes effect January

1, 2014.

     Enacting section 3. This amendatory act does not take effect

unless House Bill No. 4659 of the 97th Legislature is enacted into

law.