HB-4662, As Passed House, June 4, 2013

SUBSTITUTE FOR

HOUSE BILL NO. 4662

     A bill to amend 1939 PA 288, entitled

"Probate code of 1939,"

by amending section 37 of chapter X (MCL 710.37).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER X

     Sec. 37. (1) If Except as provided in subsection (2) for a

child born on or before December 31, 2013, if the court has proof

that the person whom it determines pursuant to under section 36 of

this chapter to be the child's father of the child was timely

served with a notice of intent to release or consent pursuant to

under section 34(1) of this chapter or was served with or waived

the notice of hearing required by section 36(3) of this chapter,

the court may permanently terminate the putative father's parental

rights of the putative father under any of the following

circumstances:

     (a) The putative father submits a verified affirmation of his

paternity and a denial of his interest in custody of the child.

     (b) The putative father files a disclaimer of paternity. For

purposes of this section the filing of the disclaimer of paternity

shall constitute is a waiver of notice of hearing and shall

constitute is a denial of his interest in custody of the child.

     (c) The putative father was served with a notice of intent to

release or consent in accordance with section 34(1) , of this

chapter at least 30 days before the expected date of confinement

specified in that notice but failed to file an intent to claim

paternity either before the expected date of confinement or before

the birth of the child.

     (d) The putative father is given proper notice of hearing in

accordance with section 36(3) or 36(5) of this chapter but either

fails to appear at the hearing or appears and denies his interest

in custody of the child.

     (2) For a child born on or after January 1, 2014, if the court

is notified that the person whom it determines to be the child's

father has not filed in a timely manner with the responsible father

registry, the court may permanently terminate the putative father's

parental rights.

(3) (2) If For a child born on or before December 31, 2013, if

the identity of the father cannot be determined, or if the identity

of the father is known but his whereabouts cannot be determined,

the court shall take evidence to determine the facts in the matter.

The court may terminate the putative father's parental rights of

the putative father if the court finds from the evidence that

reasonable effort has been made to identify and locate the father

and that any either of the following circumstances exist:exists:

     (a) The putative father, whose identity is not known, has not

made provision for the child's care and did not provide support for

the mother during her pregnancy or during her confinement.

     (b) The putative father, whose identity is known but whose

whereabouts are unknown, has not provided support for the mother,

has not shown any interest in the child, and has not made provision

for the child's care, for at least 90 days preceding the hearing

required under section 36 of this chapter.

     (4) For a child born on or after January 1, 2014, if the

putative father has not registered with the responsible father

registry, the court may terminate the putative father's parental

rights.

     Enacting section 1. This amendatory act takes effect January

1, 2014.

     Enacting section 2. This amendatory act does not take effect

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

law.