HOUSE BILL No. 4589

 

April 18, 2013, Introduced by Rep. Heise and referred to the Committee on Families, Children, and Seniors.

 

     A bill to amend 1939 PA 288, entitled

 

"Probate code of 1939,"

 

by amending section 41 of chapter X (MCL 710.41), as amended by

 

1994 PA 222, and by adding section 42 to chapter X.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                              CHAPTER X

 

     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 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 to

 


under sections 45, 46, and 51 of this chapter. Such Under sections

 

45, 46, and 51 of this chapter, orders of the court shall not be

 

withheld because until the period specified for a rehearing or an

 

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

 

any if rehearing or appeal as of right is pending.

 

     (2) If an order terminating parental rights is entered

 

pursuant to under this chapter 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 to

 

under 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, the time for rehearing in the

 

court of appeals has expired, and the time for filing an

 

application for leave to appeal to the supreme court has expired.

 


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

 

child residing who resides in a licensed foster home from being

 

adopted by the foster parent or parents, except if the licensed

 

foster home or foster parent or parents have been determined to be

 

unsuitable to continue as a foster home or foster parent or parents

 

as determined by the department, a child placing agency, or the

 

court.

 

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

 

is married to a parent having legal custody of the child.

 

     Sec. 42. (1) During the course of an investigation being

 

conducted by the department, a child placing agency, or the court

 

to determine if a foster parent or parents are unsuitable to

 

continue providing foster care, the department or a child placing

 

agency shall not recommend the foster parent or parents being

 

investigated for adoption and no adoption proceeding may be

 

commenced until the investigation is complete and a determination

 

is made by the court after a hearing that it is in the child's best

 

interest to allow the adoption to proceed. If an adoption

 

proceeding has already been commenced and the foster parent or

 

parents are petitioners in the proceeding, the proceeding shall be

 

suspended until the investigation is complete and court determines

 

that it is in the child's best interest to allow the adoption to

 

proceed.

 

     (2) If the department, a child placing agency, or the court

 

determines a foster parent or parents to be unsuitable to continue

 

to provide care for a foster child placed in their care, that

 

foster parent or parents shall not be considered eligible to adopt

 


that foster child. Application of this section does not depend on

 

the foster child being removed from the foster home or from the

 

foster parent's or parents' care.