Bill Text: MI SB1118 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Children; parental rights; provision relating to termination of parental rights; modify. Amends sec. 17, ch. XII of 1939 PA 288 (MCL 712.17).
Spectrum: Partisan Bill (Republican 8-0)
Status: (Passed) 2010-12-29 - Assigned Pa 0348'10 With Immediate Effect [SB1118 Detail]
Download: Michigan-2009-SB1118-Introduced.html
SENATE BILL No. 1118
February 9, 2010, Introduced by Senators GILBERT, BIRKHOLZ, CROPSEY, VAN WOERKOM, PAPPAGEORGE, JANSEN, HARDIMAN and RICHARDVILLE and referred to the Committee on Families and Human Services.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending section 17 of chapter XII (MCL 712.17), as amended by
2006 PA 488.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XII
Sec. 17. (1) A parent who surrenders a newborn under section 3
of this chapter and who does not file a custody action under
section 10 of this chapter is presumed to have knowingly released
his or her parental rights to the newborn.
(2) If the surrendering parent has not filed a petition for
custody of the newborn within 28 days of the surrender, the child
placing agency with authority to place the newborn shall
immediately file a petition with the court to determine whether the
release shall be accepted and whether the court shall enter an
order terminating the rights of the surrendering parent.
(3) If the nonsurrendering parent has not filed a petition for
custody of the newborn within 28 days of notice of surrender of a
newborn under section 10 of this chapter, the child placing agency
with authority to place the newborn shall immediately file a
petition with the court to determine whether the court shall enter
an order terminating the rights of the nonsurrendering parent.
(4) The court shall schedule a hearing on the petition from
the child placing agency within 14 days of receipt of that
petition. At the hearing, the child placing agency shall present
evidence that demonstrates that the surrendering parent released
the newborn and that demonstrates the efforts made by the child
placing agency to identify, locate, and provide notice to the
nonsurrendering parent.
(5) If the court finds by a preponderance of the evidence that
the surrendering parent has knowingly released his or her rights to
the child and that reasonable efforts were made to locate the
nonsurrendering parent and a custody action has not been filed, the
court shall enter an order terminating parental rights of the
surrendering parent and the nonsurrendering parent under this
chapter.
