ADOPTION OF INFANT LESS THAN ONE YEAR OLD

House Bill 4647 (with proposed committee amendment)

Sponsor:  Rep. Margaret E. O'Brien

Committee:  Families, Children, and Seniors

Complete to 5-28-13

A SUMMARY OF HOUSE BILL 4647 AS REPORTED FROM COMMITTEE

The bill would amend Chapter X of the Probate Code, known as the Adoption Code.

The bill would amend Section 56 of the Code to apply to an adoptee less than one year old.  It would specify that three months after formal placement under Section 51, the court could enter an order of adoption, unless the court determined that circumstances had arisen that made adoption undesirable.  Typically under Section 56, the court can enter an order of adoption six months after formal placement.

The amendatory act would take effect January 1, 2014.

MCL 710.56

FISCAL IMPACT:

House Bill 4647 could increase costs to the state and should have a negligible fiscal impact to local units of government. Over 80% of adoptive placements and finalizations are administered through private child placing agencies, and the rates to the private agencies include incentive levels based on the number of months it takes for the adoption to be finalized.  So if more adoptions can be finalized in less than 6 months, then more of the payments to the private child placing agencies will be at the higher incentive payment levels. The payments increase between $1,000- $1,500 for each step increase.

POSITIONS:

Children's Law Section-State Bar of Michigan supports the bill. (5-15-13)

Michigan Catholic Conference supports the bill. (5-15-13)

Michigan Family Forum supports the bill. (5-15-13)

Family Law Section-State Bar of Michigan supports the bill with amendments. (5-15-13)

Right to Life of Michigan testified in support of the bill. (5-15-13)

Michigan Probate Judges opposes the bill. (5-15-13)

                                                                                           Legislative Analyst:   E. Best

                                                                                                  Fiscal Analyst:   Kevin Koorstra

This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.