Act No. 432

Public Acts of 2018

Approved by the Governor

December 20, 2018

Filed with the Secretary of State

December 20, 2018

EFFECTIVE DATE: March 20, 2019

STATE OF MICHIGAN

99TH LEGISLATURE

REGULAR SESSION OF 2018

Introduced by Senators Meekhof, MacGregor, Gregory, Brandenburg, Marleau, O’Brien, Shirkey and Horn

ENROLLED SENATE BILL No. 490

AN ACT to amend 1994 PA 203, entitled “An act to establish certain standards for foster care and adoption services for children and their families; and to prescribe powers and duties of certain state agencies and departments and adoption facilitators,” by amending section 2 (MCL 722.952), as amended by 2016 PA 190.

The People of the State of Michigan enact:

Sec. 2. As used in this act:

(a) “Adoptee” means a child who is to be adopted or who is adopted.

(b) “Adoption attorney” means that term as defined in section 22 of the adoption code, MCL 710.22.

(c) “Adoption code” means the Michigan adoption code, chapter X of the probate code of 1939, 1939 PA 288, MCL 710.21 to 710.70.

(d) “Adoption facilitator” means a child placing agency or an adoption attorney.

(e) “Adoptive parent” means the parent or parents who adopt a child in accordance with the adoption code.

(f) “Agency placement” means that term as defined in section 22 of the adoption code, MCL 710.22.

(g) “Child placing agency” means that term as defined in section 1 of 1973 PA 116, MCL 722.111.

(h) “Department” means the department of health and human services.

(i) “Direct placement” means that term as defined in section 22 of the adoption code, MCL 710.22.

(j) “Foster care” means a child’s placement outside the child’s parental home by and under the supervision of a child placing agency, the court, or the department. Foster care does not include the delegation of a parent’s or guardian’s powers regarding care, custody, or property of a child or ward under a properly executed power of attorney under the safe families for children act.

(k) “Preplacement assessment” means an assessment of a prospective adoptive parent as described in section 23f of the adoption code, MCL 710.23f.

(l) “Sibling” means a child who is related through birth or adoption by at least 1 common parent. Sibling includes that term as defined by the American Indian or Alaskan native child’s tribal code or custom.

(m) “Supervising agency” means the department if a child is placed in the department’s care for foster care, or a child placing agency in whose care a child is placed for foster care.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 99th Legislature are enacted into law:

(a) Senate Bill No. 489.

(b) Senate Bill No. 797.

(c) Senate Bill No. 798.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor