Bill Text: MI HB4647 | 2013-2014 | 97th Legislature | Chaptered
Bill Title: Children; adoption; supervisory period for infants less than 1 year of age placed for adoption; modify. Amends sec. 56, ch. X of 1939 PA 288 (MCL 710.56).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-04-17 - Assigned Pa 118'14 With Immediate Effect [HB4647 Detail]
Download: Michigan-2013-HB4647-Chaptered.html
Act No. 118
Public Acts of 2014
Approved by the Governor
April 15, 2014
Filed with the Secretary of State
April 15, 2014
EFFECTIVE DATE: October 12, 2014
STATE OF MICHIGAN
97TH LEGISLATURE
REGULAR SESSION OF 2014
Introduced by Rep. O’Brien
ENROLLED HOUSE BILL No. 4647
AN ACT to amend 1939 PA 288, entitled “An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,” by amending section 56 of chapter X (MCL 710.56), as amended by 2004 PA 487.
The People of the State of Michigan enact:
CHAPTER X
Sec. 56. (1) Except as otherwise provided in this subsection, 6 months after formal placement under section 51 of this chapter, unless the court determines that circumstances have arisen that make adoption undesirable, the court may enter an order of adoption. Upon the motion of the petitioner, the court may waive the 6-month period, or any portion of that period, if the waiver is in the adoptee’s best interests. If, after a hearing, the court finds that the adoptee’s best interests will be served, it may extend the 6-month period for an additional period of time not exceeding 18 months from the time of formal placement for adoption. In an adoption proceeding for which an adoption order is not entered within 18 months after formal placement, the court shall hold a hearing and determine whether an order of adoption shall be entered or the petition denied. If a child is formally placed according to section 41(2) of this chapter, the court may extend the 6-month period for an additional period, that may exceed 18 months from the time of formal placement, until an order for adoption may be entered under subsection (2). For an adoptee who is less than 1 year old at the time of filing, 3 months after formal placement under section 51 of this chapter, unless the court determines that circumstances have arisen that make adoption undesirable, the court may enter an order of adoption.
(2) Except as provided in subsection (3), if a petition for rehearing or an appeal as of right from an order terminating parental rights has been filed, the court shall not order an adoption until 1 of the following occurs:
(a) The petition for rehearing is granted, and 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) The court of appeals affirms the order terminating parental rights.
(3) If an application for leave to appeal has been filed with the supreme court, the court shall not order an adoption until 1 or more of the following occurs:
(a) The application for leave to appeal is denied.
(b) The supreme court affirms the order terminating parental rights.
(4) If a motion brought under section 45 of this chapter has been filed, the court shall not order an adoption until 1 of the following occurs:
(a) The motion is decided and subsequently the period for appeal as of right to the court of appeals has expired without an appeal being filed.
(b) The motion is decided, an appeal as of right to the court of appeals has been filed, the court of appeals issues an opinion, and subsequently the period for filing an application for leave to the supreme court has expired without an application being filed.
(c) The supreme court denies an application for leave or, if an application is granted, the supreme court issues an opinion.
(5) If the person to be adopted is an adult, the court may enter an order of adoption after all of the following occur:
(a) The person to be adopted consents to the adoption according to section 43(3) of this chapter.
(b) The written report of investigation required by section 46(2) of this chapter is filed.
(c) Notice has been served upon interested parties described in section 24a of this chapter.
Enacting section 1. This amendatory act takes effect 180 days after the date it is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
