February 17, 2011, Introduced by Senators WARREN, YOUNG, WHITMER, HOPGOOD and BIEDA and referred to the Committee on Families, Seniors and Human Services.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending sections 24 and 51 of chapter X (MCL 710.24 and
710.51), section 24 as amended by 2004 PA 487 and section 51 as
amended by 1996 PA 409.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER X
Sec.
24. (1) If a 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
wife
or her husband, if married, shall
file a petition with the
court. of
If the petitioner is married,
the petitioner's husband or
wife must join in the petition. Two unmarried persons may petition
to adopt a child by filing a petition under this section.
(2) The petition shall be filed in the county in which the
petitioner
resides or where the adoptee is found. or, if If the
petitioner and adoptee reside out of state, the petition shall be
filed 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 the
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.
(3) (2)
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) (3)
If a petition to adopt is filed in a county other than
that in which the petitioner resides or the prospective adoptee is
found, the chief judge of the court may, upon motion, enter an
order transferring jurisdiction of the matter to the court of the
county in which the petitioner resides or the prospective adoptee
is found.
(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 or former names 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. 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 or has joined in an adoption
petition with another person under section 24(1) of this chapter,
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 parent having legal custody of the child
subsequently
marries and that parent's person's
spouse petitions to
adopt the child or the person having legal custody 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.
(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 to a court
order
approving placement under this section may consent to all
medical,
surgical, psychological, educational, and related services
for
the child.