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.