SENATE BILL NO. 552


   April 29, 1999, Introduced by Senator DINGELL and referred to 
        the Committee on Families, Mental Health and Human Services.



        A bill to amend 1939 PA 288, entitled

   "Probate code of 1939,"

   by amending section 64 (MCL 710.64), as amended by 1996 PA 409.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 64.  (1)  Upon  SUBJECT TO SUBSECTION
             (3), UPON the

 2    filing of a petition in court within 21 days after entry of 
             any 

 3    AN order under this chapter  ,  and after due
             notice to all

 4    interested parties, the judge may grant a rehearing and may

 5    modify or set aside the order.

 6         (2) The court shall enter an order with respect to the orig-

 7    inal hearing or rehearing of contested matters within 21 days

 8    after the termination of the hearing or rehearing.

 9         (3) THE COURT SHALL DISMISS A PETITION TO MODIFY OR SET

10    ASIDE AN ORDER OF ADOPTION OR OTHER ORDER ISSUED UNDER THIS




   01971'99                                                 GWH
           
                                   2

 1    CHAPTER IF THE INDIVIDUAL WHO FILES THE PETITION IS EITHER OF THE

 2    FOLLOWING:

 3         (A) AN INDIVIDUAL WHOSE PARENTAL RIGHTS IN REGARD TO AN

 4    ADOPTEE WERE TERMINATED UNDER THIS CHAPTER OR CHAPTER XIIA,

 5    UNLESS THE COURT FINDS BY CLEAR AND CONVINCING EVIDENCE THAT THE

 6    CHALLENGED ORDER IS NO LONGER IN THE BEST INTERESTS OF THE

 7    ADOPTEE.

 8         (B) AN INDIVIDUAL WHO WAIVED NOTICE OR WHO WAS PROPERLY

 9    SERVED WITH NOTICE AS PRESCRIBED BY THIS CHAPTER OR SUPREME COURT

10    RULE, AND WHO FAILED TO RESPOND TO THE NOTICE OR FAILED TO APPEAR

11    WITHIN THE TIME ALLOWED UNDER THIS CHAPTER OR SUPREME COURT

12    RULE.

13         (4) THE COURT SHALL DISMISS A CHALLENGE TO AN ORDER OF ADOP-

14    TION OR OTHER ORDER ISSUED UNDER THIS CHAPTER THAT IS BROUGHT

15    MORE THAN 6 MONTHS AFTER THE ORDER WAS ISSUED, REGARDLESS OF THE

16    PERSON BRINGING THE CHALLENGE OR THE BASIS OF THE CHALLENGE.

























   01971'99          Final page.                            GWH