Bill Text: MI HB4131 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Children; adoption; second parent adoption; provide for. Amends secs. 24 & 51 of 1939 PA 288 (MCL 710.24 & 710.51).

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2009-04-22 - Referred To Second Reading [HB4131 Detail]

Download: Michigan-2009-HB4131-Introduced.html

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HOUSE BILL No. 4131

 

February 4, 2009, Introduced by Reps. Smith, Warren, Miller and Byrnes and referred to the Committee on Judiciary.

 

     A bill to amend 1939 PA 288, entitled

 

"Probate code of 1939,"

 

by amending sections 24 and 51 (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:

 

     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.