Bill Text: MI HB4472 | 2019-2020 | 100th Legislature | Introduced

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Bill Title: Children: adoption; second parent adoption; provide for. Amends secs. 24, 41 & 51, ch. X of 1939 PA 288 (MCL 710.24 et seq.).

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Introduced - Dead) 2019-04-18 - Bill Electronically Reproduced 04/18/2019 [HB4472 Detail]

Download: Michigan-2019-HB4472-Introduced.html

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HOUSE BILL No. 4472

 

 

April 17, 2019, Introduced by Reps. Brixie, Sneller, Hoadley, Ellison, Manoogian, Hood, Hertel, Elder, Clemente, Cherry, Rabhi, Gay-Dagnogo, Sowerby, Guerra, Lasinski, Cambensy, Chirkun and Jones and referred to the Committee on Families, Children, and Seniors.

 

     A bill to amend 1939 PA 288, entitled

 

"Probate code of 1939,"

 

by amending sections 24, 41, and 51 of chapter X (MCL 710.24,

 

710.41, and 710.51), section 24 as amended by 2016 PA 191, section

 

41 as amended by 1994 PA 222, and section 51 as amended by 2016 PA

 

143.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                                 CHAPTER X

 

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

 

a person who 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 or her spouse, if

 

married, shall file a petition with the court. of If the petitioner

 

is married, the petitioner's spouse must join in the petition. Two

 

unmarried persons may petition to adopt a child by filing a

 

petition under this section.

 

     (2) The petition must be filed in 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 must 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

 

must be filed with the court that received the report described in

 

section 23d(2) of this chapter.

 

     (3) (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

 

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.

 

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

 

1 applicant, the petition for adoption shall must 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 must be filed in the

 

court of the county where parental rights were first terminated.

 

     (5) (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.petitioner.

 

     (b) Except as otherwise provided in subsection (7), (8), the

 

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

 

the adoptee.

 

     (c) The relationship, if any, of the adoptee to the

 

petitioner.

 

     (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), (8), 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), (8), the

 

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

 

of the adoptee, if any has been appointed.

 

     (6) (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.

     (7) (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) 23f(9) 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.

 

     (8) (7) In a direct placement in which the parties have

 

elected not to exchange identifying information, the information

 

required by subsection (4)(f) (5)(f) and (g) and the surname and

 

place of residence of the adoptee required under subsection (4)(b)

 

(5)(b) may be omitted. The attorney or child placing agency

 

assisting in the adoption shall file a verified statement

 

containing the omitted information.

 

     Sec. 41. (1) Except as provided in section 23d of this

 

chapter, a child shall not be placed in a home for the purpose of

 

adoption until an order terminating parental rights has been

entered pursuant to under this chapter, chapter XII, or chapter

 

XIIA and the court has formally approved placement under section 51

 

of this chapter. After an order terminating parental rights has

 

been entered, the court shall enter any appropriate orders pursuant

 

according to sections 45, 46, and 51 of this chapter. Such orders

 

shall not be withheld because the period specified for a rehearing

 

or an appeal as of right has not expired, or because of the

 

pendency of any rehearing or appeal as of right.

 

     (2) If an order terminating parental rights is entered

 

pursuant to under this chapter, chapter XII, or chapter XIIA, the

 

child may be placed in a home for the purpose of adoption during

 

the period specified for a rehearing or an appeal as of right and

 

the period during which a rehearing or appeal as of right is

 

pending. When a child placing agency, the court, or the department

 

formally places a child or the court approves placement of a child

 

pursuant according to this subsection, the child placing agency,

 

court, or department shall inform the person or persons in whose

 

home the child is placed that an adoption will not be ordered until

 

1 of the following occurs:

 

     (a) The petition for rehearing is granted, at the rehearing

 

the order terminating parental rights is not modified or set aside,

 

and subsequently the period for appeal as of right to the court of

 

appeals has expired without an appeal being filed.

 

     (b) The petition for rehearing is denied and the period for

 

appeal as of right to the court of appeals has expired without an

 

appeal being filed.

 

     (c) There is a decision of the court of appeals affirming the

order terminating parental rights.

 

     (3) This section shall does not be construed to prevent a

 

child residing in a licensed foster home from being adopted by the

 

foster parent or parents.

 

     (4) This section does not apply if the petitioner for adoption

 

is married to or has joined in an adoption petition with a parent

 

having legal custody of the child.

 

     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 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 or has joined in an adoption

 

petition with 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 sending 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 or has joined in an adoption petition with 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 a parent having custody of the child according to a

 

court order subsequently marries and that parent's person's spouse

 

petitions to adopt the child or the person having custody of the

 

child according to a court order petitions for adoption under

 

section 24(1) of this chapter, 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 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.