SB-0483, As Passed Senate, December 8, 2015

SUBSTITUTE FOR

SENATE BILL NO. 483

(As amended December 3, 2015)

<<A bill to amend 1939 PA 288, entitled

"Probate code of 1939,"

by amending sections 24 and 36 of chapter X and sections 13a and 18f of

chapter XIIA (MCL 710.24, 710.36, 712A.13a, and 712A.18f), section 24 of

chapter X as amended by 2014 PA 531, section 36 of chapter X as amended

by 1996 PA 409, section 13a of chapter XIIA as amended by 2012 PA 163,

and section 18f of chapter XIIA as amended by 2012 PA 115.>>

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

<<CHAPTER X

Sec. 24. (1) Except as otherwise provided in this section, if

a person desires to adopt a child or an adult and to bestow upon

the adoptee his or her family name, or to adopt a child or an adult

without a name change, with the intent to make the adoptee his or

her heir, that person, together with his ~~wife or her husband,~~ or her

spouse, if married, shall file a petition with the court of the

county in which the petitioner resides, where the adoptee is found or,

where the parent's parental rights were terminated or are pending

termination. If both parents' parental rights were terminated at

different times and in different courts, a petition filed under this

section shall be filed in the court of the county where parental

rights were first terminated. If there has been a temporary placement

of the child, the petition for adoption shall be filed with the court

that received the report described in section 23d(2) of this chapter.

(2) Notwithstanding any other provision in this section, the

court may allow either of the following to occur:

(a) A married individual to adopt an adult without his or her

Senate Bill No. 483 as amended December 3, 2015 (2 of 4)

spouse joining in the petition if all of the interested parties

consent.

(b) A married individual to adopt without his or her spouse

joining in the petition if the failure of the other spouse to join

in the petition or to consent to the adoption is excused by the court

for good cause shown or in the best interest of the child.

(3) In an adoption proceeding in which there is more than 1

applicant, the petition for adoption shall be filed with the court of

the county where the parent's parental rights were terminated or are

pending termination. If both parents' parental rights were terminated

at different times and in different courts, a petition filed under

this section shall be filed in the court of the county where parental

rights were first terminated.

(4) The petition for adoption shall be verified by each

petitioner and shall contain the following information:

(a) The name, date and place of birth, and place of residence

of each petitioner, including the maiden name of the adopting mother.

(b) Except as otherwise provided in subsection (7), the name,

date and place of birth, and place of residence if known of the

adoptee.

(d) The full name by which the adoptee shall be known after

adoption.

(e) The full description of the property, if any, of the adoptee.

(f) Unless the rights of the parents have been terminated by a

court of competent jurisdiction or except as otherwise provided in

subsection (7), the names of the parents of the adoptee and the place

of residence of each living parent if known.

(g) Except as otherwise provided in subsection (7), the name and

place of residence of the guardian of the person or estate of the

adoptee, if any has been appointed.

(5) In a direct placement, the petitioner shall attach to the

petition a verified statement certifying that the petitioner has been

informed of the availability of counseling services and whether the

petitioner has received counseling.

(6) Except as otherwise provided in this subsection, in a direct

placement, the petitioner shall attach a copy of a preplacement assessment of the petitioner completed or updated within 1 year

before the petition is filed with a finding that the petitioner is

suitable to be a parent of an adoptee, copies of all other

preplacement assessments of the petitioner, if any others have been

completed, and a verified statement stating that no preplacement

assessments of the petitioner have been completed other than those

attached to the petition and explaining any preplacement assessments

of the petitioner that have been initiated but not completed. If the

petitioner is seeking review of a preplacement assessment under

section 23f(8) of this chapter, the petitioner may comply with this

subsection by attaching a copy of that preplacement assessment and a

copy of the application for review, together with copies of all other

preplacement assessments and the verified statement required by this

section.

(7) In a direct placement in which the parties have elected not

to exchange identifying information, the information required by

Senate Bill No. 483 as amended December 3, 2015 (3 of 4)

subsection (4)(f) and (g) and the surname and place of residence of

the adoptee required under subsection (4)(b) may be omitted. The

attorney or child placing agency assisting in the adoption shall file

a verified statement containing the omitted information.

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,~~ spouse, 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~~ health and human services

to send to the court a copy of any notice of intent to claim paternity

of the particular child ~~which~~ that the division has received.

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

(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.

(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.

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~~ constitutes 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 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. 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 father of the child is a

person who 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.>>

CHAPTER XIIA

Sec. 13a. (1) As used in this section and sections 2, 6b, 13b,

Senate Bill No. 483 as amended December 3, 2015 (4 of 4)

17c, 17d, 18f, 19, 19a, 19b, and 19c of this chapter:

(a) "Agency" means a public or private organization,

institution, or facility that is performing the functions under

part D of title IV of the social security act, 42 USC 651 to 669b,

or that is responsible under court order or contractual arrangement

for a juvenile's care and supervision.

(b) "Agency case file" means the current file from the agency

providing direct services to the child, that can include the child

protective services file if the child has not been removed from the

home or the department ~~of human services~~ or contract agency foster

care file as ~~defined~~ provided under 1973 PA 116, MCL 722.111 to

722.128.

proceeding under section 2(b) or (c) of this chapter, an attorney

serving as the child's legal advocate in a traditional attorney-

client relationship with the child, as governed by the Michigan

rules of professional conduct. An attorney defined under this

subdivision owes the same duties of undivided loyalty,

confidentiality, and zealous representation of the child's

expressed wishes as the attorney would to an adult client. For the

purpose of a notice required under these sections, attorney

includes a child's lawyer-guardian ad litem.

(d) "Case service plan" means the plan developed by an agency

and prepared under section 18f of this chapter that includes

services to be provided by and responsibilities and obligations of

the agency and activities, responsibilities, and obligations of the

parent. The case service plan may be referred to using different

names than case service plan including, but not limited to, a

parent/agency agreement or a parent/agency treatment plan and

service agreement.

(e) "Foster care" means care provided to a juvenile in a

foster family home, foster family group home, or child caring

institution licensed or approved under 1973 PA 116, MCL 722.111 to

722.128, or care provided to a juvenile in a relative's home under

a court order.

(f) "Guardian ad litem" means an individual whom the court

appoints to assist the court in determining the child's best

interests. A guardian ad litem does not need to be an attorney.

(g) "Lawyer-guardian ad litem" means an attorney appointed

under section 17c of this chapter. A lawyer-guardian ad litem

represents the child, and has the powers and duties, as set forth

in section 17d of this chapter. The provisions of section 17d of

this chapter also apply to a lawyer-guardian ad litem appointed

under each of the following:

(i) Section 5213 or 5219 of the estates and protected

individuals code, 1998 PA 386, MCL 700.5213 and 700.5219.

(ii) Section 4 of the child custody act of 1970, 1970 PA 91,

MCL 722.24.

(iii) Section 10 of the child protection law, 1975 PA 238, MCL

722.630.

(h) "Nonparent adult" means a person who is 18 years of age or

older and who, regardless of the person's domicile, meets all of

the following criteria in relation to a child over whom the court

takes jurisdiction under this chapter:

(i) Has substantial and regular contact with the child.

(ii) Has a close personal relationship with the child's parent

or with a person responsible for the child's health or welfare.

(iii) Is not the child's parent or a person otherwise related

to the child by blood or affinity to the third degree.

(i) "Permanent foster family agreement" means an agreement for

a child 14 years old or older to remain with a particular foster

family until the child is 18 years old under standards and

requirements established by the department of human services, which

agreement is among all of the following:

(i) The child.

(ii) If the child is a temporary ward, the child's family.

(iii) The foster family.

(iv) The child placing agency responsible for the child's care

in foster care.

(j) "Relative" means an individual who is at least 18 years of

age and related to the child by blood, marriage, or adoption, as

grandparent, great-grandparent, great-great-grandparent, aunt or

uncle, great-aunt or great-uncle, great-great-aunt or great-great-

uncle, sibling, stepsibling, nephew or niece, first cousin or first

cousin once removed, and the spouse of any of the above, even after

the marriage has ended by death or divorce. A child may be placed

with the parent of a man whom the court has found probable cause to

believe is the putative father if there is no man with legally

established rights to the child. A placement with the parent of a

putative father under this subdivision is not to be construed as a

finding of paternity or to confer legal standing on the putative

father.

(k) "Sex offenders registration act" means the sex offenders

registration act, 1994 PA 295, MCL 28.721 to 28.736.

(l) "Sibling" means a child who is related through birth or

adoption by at least 1 common parent. Sibling includes that term as

defined by the American Indian or Alaskan native child's tribal

code or custom.

(2) If a juvenile is alleged to be within the provisions of

section 2(b) of this chapter, the court may authorize a petition to

be filed at the conclusion of the preliminary hearing or inquiry.

The court may authorize the petition upon a showing of probable

cause that 1 or more of the allegations in the petition are true

and fall within the provisions of section 2(b) of this chapter. If

a petition is before the court because the department of human

services is required to submit the petition under section 17 of the

child protection law, 1975 PA 238, MCL 722.637, the court shall

hold a hearing on the petition within 24 hours or on the next

business day after the petition is submitted, at which hearing the

court shall consider at least the matters governed by subsections

(4) and (5).

(3) Except as provided in subsections (5) and (6), if a

petition under subsection (2) is authorized, the court may release

the juvenile in the custody of either of the juvenile's parents or

the juvenile's guardian or custodian under reasonable terms and

conditions necessary for either the juvenile's physical health or

mental well-being.

(4) The court may order a parent, guardian, custodian,

nonparent adult, or other person residing in a child's home to

leave the home and, except as the court orders, not to subsequently

return to the home if all of the following take place:

(a) A petition alleging abuse of the child by the parent,

guardian, custodian, nonparent adult, or other person is authorized

under subsection (2).

(b) The court after a hearing finds probable cause to believe

the parent, guardian, custodian, nonparent adult, or other person

committed the abuse.

home of the person alleged to have committed the abuse presents a

substantial risk of harm to the child's life, physical health, or

mental well-being.

(5) If a petition alleges abuse by a person described in

subsection (4), regardless of whether the court orders the alleged

abuser to leave the child's home under subsection (4), the court

shall not leave the child in or return the child to the child's

home or place the child with a person not licensed under 1973 PA

116, MCL 722.111 to 722.128, unless the court finds that the

conditions of custody at the placement and with the individual with

whom the child is placed are adequate to safeguard the child from

the risk of harm to the child's life, physical health, or mental

well-being.

(6) If a court finds a parent is required by court order to

of human services may, but is not required to, make reasonable

efforts to reunify the child with the parent. The court may order

reasonable efforts to be made by the department of human services.

(7) In determining whether to enter an order under subsection

(4), the court may consider whether the parent who is to remain in

the juvenile's home is married to the person to be removed or has a

legal right to retain possession of the home.

(8) An order entered under subsection (4) may also contain 1

or more of the following terms or conditions:

(a) The court may require the alleged abusive parent to pay

appropriate support to maintain a suitable home environment for the

juvenile during the duration of the order.

(b) The court may order the alleged abusive person, according

to terms the court may set, to surrender to a local law enforcement

agency any firearms or other potentially dangerous weapons the

alleged abusive person owns, possesses, or uses.

necessary for the juvenile's physical or mental well-being or

necessary to protect the juvenile.

(9) The court may order placement of the child in foster care

if the court finds all of the following conditions:

(a) Custody of the child with the parent presents a

substantial risk of harm to the child's life, physical health, or

mental well-being.

(b) No provision of service or other arrangement except

removal of the child is reasonably available to adequately

safeguard the child from risk as described in subdivision (a).

to the child's welfare.

(d) Consistent with the circumstances, reasonable efforts were

made to prevent or eliminate the need for removal of the child.

(e) Conditions of child custody away from the parent are

adequate to safeguard the child's health and welfare.

(10) If the court orders placement of the juvenile outside the

juvenile's home, the court shall inform the parties of the

following:

(a) That the agency has the responsibility to prepare an

initial services plan within 30 days of the juvenile's placement.

(b) The general elements of an initial services plan as

required by the rules promulgated under 1973 PA 116, MCL 722.111 to

722.128.

voluntary without a court order.

(11) Before or within 7 days after a child is placed in a

relative's home, the department ~~of human services~~ shall perform a

criminal record check and central registry clearance. If the child

is placed in the home of a relative, the court shall order a home

study to be performed and a copy of the home study to be submitted

to the court not more than 30 days after the placement.

(12) In determining placement of a juvenile pending trial, the

court shall order the juvenile placed in the most family-like

setting available consistent with the juvenile's needs.

(13) If a juvenile is removed from his or her home, the court

shall permit the juvenile's parent to have frequent parenting time

with the juvenile. If parenting time, even if supervised, may be

harmful to the juvenile, the court shall order the child to have a

psychological evaluation or counseling, or both, to determine the

appropriateness and the conditions of parenting time. The court may

suspend parenting time while the psychological evaluation or

counseling is conducted.

(14) Reasonable efforts shall be made to do the following:

(a) Place siblings removed from their home in the same foster

care, kinship guardianship, or adoptive placement, unless the state

documents that a joint placement would be contrary to the safety or

well-being of any of the siblings.

(b) In the case of siblings removed from their home who are

not jointly placed, provide for at least monthly visitation or

other ongoing interaction between the siblings, unless the state

documents that at least monthly visitation or other ongoing

interaction would be contrary to the safety or well-being of any of

the siblings.

(15) If siblings cannot be placed together or not all the

siblings are being placed outside of the home, the court shall

determine whether sibling visitation or contact will be beneficial

to the siblings. If so, the court shall order sibling visitation or

contact to the extent reasonable.

(16) ~~(14)~~ Upon the motion of any party, the court shall review

custody and placement orders and initial services plans pending

trial and may modify those orders and plans as the court considers

under this section are in the juvenile's best interests.

(17) ~~(15)~~ The court shall include in an order placing a child

in foster care an order directing the release of information

concerning the child in accordance with this subsection. If a child

is placed in foster care, within 10 days after receipt of a written

request, the agency shall provide the person who is providing the

foster care with copies of all initial, updated, and revised case

service plans and court orders relating to the child and all of the

child's medical, mental health, and education reports, including

reports compiled before the child was placed with that person.

(18) ~~(16)~~ In an order placing a child in foster care, the

court shall include both of the following:

(a) An order that the child's parent, guardian, or custodian

provide the supervising agency with the name and address of each of

the child's medical providers.

(b) An order that each of the child's medical providers

release the child's medical records. The order may specify

providers by profession or type of institution.

(19) ~~(17)~~ As used in this section, "abuse" means 1 or more of

the following:

(a) Harm or threatened harm by a person to a juvenile's health

or welfare that occurs through nonaccidental physical or mental

injury.

(b) Engaging in sexual contact or sexual penetration as

defined in section 520a of the Michigan penal code, 1931 PA 328,

MCL 750.520a, with a juvenile.

not limited to, allowing, permitting, or encouraging a juvenile to

engage in prostitution or allowing, permitting, encouraging, or

engaging in photographing, filming, or depicting a juvenile engaged

in a listed sexual act as defined in section 145c of the Michigan

penal code, 1931 PA 328, MCL 750.145c.

(d) Maltreatment of a juvenile.

Sec. 18f. (1) If, in a proceeding under section 2(b) of this

chapter, an agency advises the court against placing a child in the

custody of the child's parent, guardian, or custodian, the agency

shall report in writing to the court what efforts were made to

prevent the child's removal from his or her home or the efforts

made to rectify the conditions that caused the child's removal from

his or her home. The report shall include all of the following:

(a) If services were provided to the child and his or her

parent, guardian, or custodian, the services, including in-home

services, that were provided.

(b) If services were not provided to the child and his or her

parent, guardian, or custodian, the reasons why services were not

provided.

from his or her parent, guardian, or custodian.

(d) Likely harm to the child if the child were to be returned

to his or her parent, guardian, or custodian.

(2) Before the court enters an order of disposition in a

proceeding under section 2(b) of this chapter, the agency shall

prepare a case service plan that shall be available to the court

and all the parties to the proceeding.

(3) The case service plan shall provide for placing the child

in the most family-like setting available and in as close proximity

to the child's parents' home as is consistent with the child's best

interests and special needs. The case service plan shall include,

but is not limited to, the following:

(a) The type of home or institution in which the child is to

be placed and the reasons for the selected placement.

(b) Efforts to be made by the child's parent to enable the

child to return to his or her home.

his or her home.

(d) Schedule of services to be provided to the parent, child,

and if the child is to be placed in foster care, the foster parent,

to facilitate the child's return to his or her home or to

facilitate the child's permanent placement.

(e) Except as otherwise provided in this subdivision, unless

parenting time, even if supervised, would be harmful to the child

as determined by the court under section 13a of this chapter or

otherwise, a schedule for regular and frequent parenting time

between the child and his or her parent, which shall not be less

than once every 7 days.

(f) Efforts to be made by the agency to provide frequent in-

person visitation or other ongoing interaction between siblings

unless the court determines under section 13a of this chapter that

sibling visitation or contact will not be beneficial to 1 or more

of the siblings.

(g) ~~(f)~~ Conditions that would limit or preclude placement or

parenting time with a parent who is required by court order to

(4) Before the court enters an order of disposition, the court

shall consider the case service plan; any written or oral

information offered concerning the child from the child's parent,

guardian, custodian, foster parent, child caring institution,

relative with whom the child is placed, lawyer-guardian ad litem,

attorney, or guardian ad litem; and any other evidence offered,

including the appropriateness of parenting time, which information

or evidence bears on the disposition. The order of disposition

shall state whether reasonable efforts have been made to prevent

the child's removal from his or her home or to rectify the

conditions that caused the child's removal from his or her home.

The court may order compliance with all or any part of the case

service plan as the court considers necessary.

(5) If a child continues in placement outside of the child's

home, the case service plan shall be updated and revised at 90-day

intervals as required by the rules promulgated under 1973 PA 116,

MCL 722.111 to 722.128. The agency shall consult with the foster

parents when it updates and revises the case service plan, and

shall attach a statement summarizing the information received from

the foster parents to the updated and revised case service plan.

Updated and revised case service plans shall be available to the

court and all the parties to the proceeding. Within 10 days after

receipt of a written request, the agency shall provide the person

who is providing the foster care with the information itemized in

section ~~13a(14)~~ 13a(17) of this chapter.

(6) To ensure that the case service plan addresses the child's

medical needs in relation to abuse and neglect, the department of

human services shall review a child's case with the child's

attending physician of record during a hospitalization or with the

child's primary care physician, but only if a physician has

diagnosed the child's abuse or neglect as involving 1 or more of

the following:

(a) Failure to thrive.

(b) Munchausen syndrome by proxy.