SB-0458, As Passed Senate, October 1, 2015

SUBSTITUTE FOR

SENATE BILL NO. 458

     A bill to amend 1939 PA 288, entitled

"Probate code of 1939,"

by amending section 51 of chapter X (MCL 710.51), as amended by

1996 PA 409.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER X

     Sec. 51. (1) Not later than 14 days after receipt of the

report of investigation, except as provided in subsections (2) and

(5), the judge shall examine the report and shall enter an order

terminating the rights of the child's parent or parents, if there

was a parental consent, or the rights of any person in loco

parentis, if there was a consent by other than parents, and approve

placement of the child with the petitioner if the judge is

satisfied as to both of the following:

     (a) The genuineness of consent to the adoption and the legal

authority of the person or persons signing the consent.

     (b) The best interests of the adoptee will be served by the

adoption.

     (2) If it is necessary to hold a hearing before entering an

order terminating the rights of a parent, parents, or a person in

loco parentis, or if other good cause is shown, the time specified

in subsection (1) shall be extended for an additional 14-day

period.

     (3) Upon entry of an order terminating rights of parents or

persons in loco parentis, a child is a ward of the court and a

consent to adoption executed pursuant to under section 43 of this

chapter shall not be withdrawn after the order is entered. Entry of

the order terminates the jurisdiction of the same court or another

court over the child in a divorce or separate maintenance action.

If the petitioner for adoption is married to the parent having

legal custody of the child, the child shall not be made a ward of

the court after termination of the rights of the other parent.

     (4) Without making the child a ward of the court, the court

may approve placement of a child if the child is placed for

adoption in this state by a public or licensed private agency of

another state or country and if the law of the sending state or

country prohibits the giving of consent to adoption at the time of

placement. Before placement of the child in that instance, the

sending agency shall tender evidence as the court requires to

demonstrate that the agency possesses the necessary authority to

consent to the adoption at the time of entry of the final order of

adoption. After the sending agency has given evidence of its

ability to consent, the agency shall not do anything to jeopardize

its ability to grant the required consent before entry of the final

order of adoption. After the sending agency gives its consent for

the adoption, that consent shall not be withdrawn.

     (5) If a parent having legal custody of the child is married

to the petitioner for adoption, the judge shall not enter an order

terminating the rights of that parent.

     (6) If the parents of a child are divorced, or if the parents

are unmarried but the father has acknowledged paternity or is a

putative father who meets the conditions in section 39(2) of this

chapter, and if the a parent having legal custody of the child

according to a court order subsequently marries and that parent's

spouse petitions to adopt the child, the court upon notice and

hearing may issue an order terminating the rights of the other

parent if both of the following occur:

     (a) The other parent, having the ability to support, or assist

in supporting, the child, has failed or neglected to provide

regular and substantial support for the child or if a support order

has been entered, has failed to substantially comply with the

order, for a period of 2 years or more before the filing of the

petition. A child support order stating that support is $0.00 or

that support is reserved shall be treated in the same manner as if

no support order has been entered.

     (b) The other parent, having the ability to visit, contact, or

communicate with the child, has regularly and substantially failed

or neglected to do so for a period of 2 years or more before the

filing of the petition.

     (7) Unless otherwise ordered by the court, the prospective

adoptive parents with whom a child is placed pursuant according to

a court order approving placement under this section may consent to

all medical, surgical, psychological, educational, and related

services for the child.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.