SENATE SUBSTITUTE FOR

HB-4646, As Passed House, March 27, 2014HB-4646, As Passed Senate, March 27, 2014

HOUSE BILL NO. 4646

A bill to amend 1939 PA 288, entitled

"Probate code of 1939,"

by amending sections 23d, 29, and 44 of chapter X (MCL 710.23d,

710.29, and 710.44), section 23d as amended by 2004 PA 487 and

sections 29 and 44 as amended by 1996 PA 409.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER X

Sec. 23d. (1) In a direct placement, a parent or guardian with

legal and physical custody of a child may make a temporary

placement of the child as prescribed by this section. In an agency

placement, a child placing agency with written authorization from

the parent or guardian as prescribed by section 23b of this chapter

may make a temporary placement of the child as prescribed by this

section. A temporary placement shall meet all of the following

requirements:

(a) The prospective adoptive parent with whom a child is

temporarily placed has had a preplacement assessment completed

within 1 year before the date of the transfer with a finding that

the prospective adoptive parent is suitable to be a parent of an

adoptee.

(b) In a direct placement, the parent or guardian is assisted

by an adoption attorney or a child placing agency.

the parent, guardian, or representative of the child placing agency

signs a statement evidencing the transfer of physical custody of

the child. If the parent making the temporary placement is an

unemancipated minor, the statement is not valid unless it is also

signed in the presence of the witness by a parent or guardian of

that minor parent. The statement shall contain all of the

following:

(i) The date of the transfer of physical custody.

(ii) Language providing that the transfer is for the purpose of

adoption by the prospective adoptive parent.

(iii) Language indicating that unless the parent or guardian and

the prospective adoptive parent agree otherwise, the prospective

adoptive parent has the authority to consent to all medical,

surgical, psychological, educational, and related services for the

child and language indicating that the parent or guardian otherwise

retains full parental rights to the child being temporarily placed

and that the temporary placement may be revoked by the filing of a

petition under subsection (5).

(iv) Language providing that the person making the transfer has

read a preplacement assessment of the prospective adoptive parent

completed or updated within 1 year before the date of the transfer

with a finding that the prospective adoptive parent is suitable to

be a parent of an adoptee. If a child placing agency makes the

transfer of physical custody, the statement shall include a

verification that the child placing agency has given the parent or

guardian who authorized the temporary placement an opportunity to

review the preplacement assessment.

(v) Even if only 1 parent is making the temporary placement,

the name and address of both parents of the child, including in the

case of a child born out of wedlock, the name and the address of

each putative father of the child, if known.

(d) In the presence of a witness who also signs the document,

the prospective adoptive parent signs a statement setting forth the

date of the transfer of physical custody and the name and address

of the prospective adoptive parent and attesting to all of the

following:

(i) That the prospective adoptive parent understands that the

temporary placement will not become a formal placement until the

parents consent or release their parental rights and the court

orders the termination of parental rights and approves the

placement and that the prospective adoptive parent must relinquish

custody of the child within 24 hours after being served with an

order under section 23e(2) of this chapter.

(ii) That, if the prospective adoptive parent is a Michigan

resident, the prospective adoptive parent agrees to reside with the

child in Michigan until formal placement occurs.

(iii) That the prospective adoptive parent agrees to obtain

approval in compliance with the interstate compact on the placement

of children, 1984 PA 114, MCL 3.711 to 3.717, before the child is

sent, brought, or caused to be sent or brought into a receiving

state as that term is defined in section 1 of the interstate

compact on the placement of children, 1984 PA 114, MCL 3.711.

(iv) That the prospective adoptive parent submits to this

state's jurisdiction.

(2) Not later than 2 days, excluding weekends and holidays,

after a transfer of physical custody of a child in accordance with

subsection (1), the adoption attorney or child placing agency who

assists with the temporary placement or the child placing agency

that makes the temporary placement shall submit to the court in the

county in which the child's parent or guardian or the prospective

adoptive parent resides, or in which the child is found, a report

that contains all of the following:

(a) The date of the transfer of physical custody.

(b) The name and address of the parent or guardian or the

child placing agency who made the temporary placement.

with whom the temporary placement was made.

(d) Even if only 1 parent is making the temporary placement,

the name and address of both parents of the child, including, in

the case of a child born out of wedlock, the name of each putative

father, if known.

(e) The documents required under subsection (1)(c) and (d)

and, if applicable, the authorization required under section 23b of

this chapter.

(3) Not later than 30 days after the transfer of physical

custody of a child under this section, the adoption attorney or

child placing agency who assists with the temporary placement or

the child placing agency that makes the temporary placement shall

submit to the court that received the report described in

subsection (2) a report indicating whether or not 1 of the

following dispositions has occurred:

(a) A petition for adoption of the child has been filed.

(b) The child has been returned to the agency or to a parent

or other person having legal custody.

(4) If the court has not received the report required under

subsection (3) within 45 days after the transfer of physical

custody of a child, the court shall immediately investigate and

determine whether an adoption petition has been filed or the child

has been returned to a parent or other person having legal custody.

If the report required under subsection (3) or the court's

investigation reveals that neither disposition has occurred, the

court shall immediately report to the prosecutor, who shall

immediately file a petition in the court that received the report

described in subsection (2) for disposition of the child as

required by section 23e of this chapter. If a petition has been

filed under subsection (5), (6), or (7), the prosecutor is not

required to file a petition.

(5) A parent or guardian who wishes to regain custody of a

child who has been placed temporarily shall file a petition in the

court that received the report described in subsection (2)

requesting that the temporary placement be revoked and that the

child be returned to the parent or guardian. Upon request of the

parent or guardian, the adoption attorney or child placing agency

who assisted in making the temporary placement shall assist the

parent or guardian in filing the petition to revoke the temporary

placement. If the temporary placement was made by a child placing

agency under section 23b(3) of this chapter, the child placing

agency shall file the petition on behalf of a parent or guardian

who wishes to regain custody of the child.

(6) If a prospective adoptive parent with whom a child has

been temporarily placed is either unwilling or unable to proceed

with the adoption, the prospective adoptive parent may file a

petition in the court that received the report described in

subsection (2) for disposition of the child as required by section

23e of this chapter.

(7) If a child placing agency that temporarily placed a child

is unable to proceed with an adoption because of the unavailability

of a parent or guardian to execute a release, or if a child placing

agency with legal custody of a child decides not to proceed with

the adoption by a prospective adoptive parent with whom the child

has been temporarily placed and the prospective adoptive parent

refuses upon the agency's request to return the child to the

agency, the child placing agency shall file a petition in the court

that received the report described in subsection (2) for

disposition of the child as required by section 23e of this

chapter.

(8) Except as otherwise agreed to by the parties, the

prospective adoptive parent with whom a child is temporarily placed

under this section may consent to all medical, surgical,

psychological, educational, and related services for the child.

(9) A hospital or attending practitioner shall not release a

child to an individual or agency not otherwise legally entitled to

the physical custody of the child unless all of the requirements of

subsection (1) are met.

(10) Except as otherwise provided in this subsection, a parent

or guardian who has signed an out-of-court release or out-of-court

consent but wishes to request revocation of the out-of-court

release or out-of-court consent shall submit a request for

revocation to the adoption attorney representing the parent or

guardian or the child placing agency that accepted the out-of-court

release or witnessed the out-of-court consent not more than 5 days,

excluding weekends and holidays, after the out-of-court release or

out-of-court consent was signed. The request for revocation is

timely if delivered to the adoption attorney or the child placing

agency not more than 5 days, excluding weekends and holidays, after

the out-of-court release or out-of-court consent was signed. Upon

receipt of a timely request for revocation, the adoption attorney

or the child placing agency receiving the request for revocation

shall assist the parent or guardian in filing the petition to

revoke the out-of-court release or out-of-court consent with the

court as soon as practicable. A parent or guardian may file this

petition with the court on his or her own. If the parent or

guardian files the petition on his or her own, the petition must be

filed with the court not more than 5 days, excluding weekends and

holidays, after the out-of-court release or out-of-court consent

was signed.

Sec. 29. (1) Except as otherwise provided in ~~this section,~~

subsections (5) to (11), a release shall be by a separate

instrument executed before a judge of the court or a juvenile court

referee. If a parent's or guardian's release is executed before a

judge or referee as provided in this subsection, a verbatim record

of testimony related to execution of the release shall be made.

(2) If the person from whom a release is required is in the

armed services or is in prison, the release may be executed and

acknowledged before an individual authorized by law to administer

oaths.

(3) If the release is to be given by an authorized

representative of a child placing agency that has jurisdiction of

the child to be adopted, the release may be executed and

acknowledged before an individual authorized by law to administer

oaths.

(4) If the release is executed in another state or country,

the court having jurisdiction over the adoption proceeding in this

state shall determine whether the release was executed in

accordance with the laws of that state or country or the laws of

this state and shall not proceed unless it finds that the release

was so executed.

(5) A parent or guardian may sign an out-of-court release in

front of and witnessed by an adoption attorney representing the

parent or guardian and a child placing agency caseworker. An out-

of-court release signed under this subsection must comply with all

of the following:

(a) The out-of-court release shall not be signed until after a

72-hour waiting period that begins at the time of the child's birth

has expired.

(b) If the parent signing the out-of-court release is an

unemancipated minor, the out-of-court release is not valid unless

it is also signed by a parent or guardian of that unemancipated

minor parent in the presence of the witnesses described in this

subsection.

verified statement described in subsection (6) and a statement

regarding relinquishment of parental rights that includes all of

the following:

(i) The right to have or to seek care and custody of the child.

(ii) The right to have or to seek parenting time with the

child.

(iii) The right to inherit from the child or have the child

inherit from the parent.

(iv) The right to services and earnings of the child.

(v) The right to determine the child's schooling, religious

training, and parenting practices.

(d) In separate paragraphs with sufficient space in the margin

for a parent to place his or her initials beside each paragraph,

the out-of-court release must state the following:

(i) I have read or had read to me each of my rights as a parent

described in section 29(5)(c) of chapter X of the probate code of

1939, 1939 PA 288, MCL 710.29, and I understand these rights.

(ii) I am signing the out-of-court release as a free and

voluntary act on my part, and I have been advised that I cannot be

forced to sign the out-of-court release for any reason.

(iii) I have not been given or promised any money or other thing

of value in exchange for signing the out-of-court release.

(iv) If I sign the out-of-court release, I understand that I am

giving up all of my parental rights and authorizing the court to

permanently terminate all of my parental rights, unless the court

allows me to revoke my out-of-court release.

(v) It has been explained to me and I understand all of the

following:

(A) I am not required to sign an out-of-court release.

(B) I may make a temporary placement of my child with the

prospective adoptive parent or parents, if I have not already done

so, or I may continue the temporary placement I have already made,

until I choose to sign a release in court or sign an out-of-court

release.

have signed by submitting a timely written request for revocation.

(D) If I request a revocation of the out-of-court release, I

must appear before the court so the court may consider whether to

grant the revocation.

(vi) I have been advised that I may submit a request for

revocation in writing to the adoption attorney or child placing

agency that accepted the out-of-court release not more than 5 days,

excluding weekends and holidays, after the out-of-court release was

signed or I may petition the court on my own for revocation of the

out-of-court release not more than 5 days, excluding weekends and

holidays, after the out-of-court release was signed.

(vii) If I submit a timely request for revocation, the court

may grant the request or deny the request depending on my fitness

and immediate ability to properly care for the child and whether

the best interests of the child would be served by the revocation.

(e) The out-of-court release must contain the contact

information for both the adoption attorney representing the parent

or guardian and the child placing agency that accepted the out-of-

court release specifying where a written request for revocation may

be submitted, including a postal mailing address, overnight carrier

address, fax number, and electronic mail address. A request for

revocation may not be submitted to the adoption attorney

representing the parent or guardian or the child placing agency

that accepted the out-of-court release by telephone or text

message.

(f) The following statement must appear immediately above the

signature of the parent or guardian executing the out-of-court

release: "I acknowledge that I am signing this out-of-court release

freely and voluntarily, after my parental rights have been

explained to me and any questions I may have about it have been

fully answered. I understand the rights I am giving up and that an

order terminating my parental rights, when entered by the court, is

a permanent termination of all of my parental rights.".

(6) ~~(5)~~ A release by a parent or guardian shall be accompanied

by a verified statement signed by the parent or guardian that

contains all of the following:

(a) That the parent or guardian has received a list of support

groups and, if the release is to a child placing agency, a copy of

the written document described in section 6(1)(c) of the foster

care and adoption services act, ~~Act No. 203 of the Public Acts of~~

~~1994, being section 722.956 of the Michigan Compiled Laws.~~1994 PA

203, MCL 722.956.

(b) That the parent or guardian has received counseling

related to the adoption of his or her child or waives the

counseling with the signing of the verified statement.

promised any money or anything of value for the release of the

child, except for lawful payments that are itemized on a schedule

filed with the release.

(d) That the validity and finality of the release is not

affected by any collateral or separate agreement between the parent

or guardian and the child placing agency, or the parent or guardian

and the prospective adoptive parent.

(e) That the parent or guardian understands that it serves the

child's welfare ~~of the child~~ for the parent to keep the child

placing agency or department informed of any health problems that

the parent develops that could affect the child.

(f) That the parent or guardian understands that it serves the

child's welfare ~~of the child~~ for the parent or guardian to keep his

or her address current with the child placing agency or department

in order to permit a response to any inquiry concerning medical or

social history from an adoptive parent of a minor adoptee or from

an adoptee who is 18 years of age or older.

(7) ~~(6)~~ A release by a parent or a guardian of the child shall

not be executed until after the investigation the court considers

proper and until after the judge, referee, or other individual

authorized in subsection (2) has fully explained to the parent or

guardian the legal rights of the parent or guardian and the fact

that the parent or guardian by virtue of the release voluntarily

relinquishes permanently his or her rights to the child; and, if

the child is over 5 years of age, the court has determined that the

child is best served by the release. If an out-of-court release is

signed under subsection (5), the adoption attorney representing the

parent or guardian who witnessed the out-of-court release and a

caseworker from the child placing agency that accepted the out-of-

court release shall fully explain to the parent or guardian his or

her legal rights and the fact that the parent or guardian by virtue

of the out-of-court release voluntarily relinquishes permanently

his or her rights to the child.

(8) ~~(7) Upon~~ Except as otherwise provided in this subsection,

upon the release of a child by a parent or guardian, the court

immediately shall issue an order terminating the rights of that

parent or guardian to that child. If an out-of-court release has

been signed under subsection (5), not sooner than 5 days, excluding

weekends and holidays, after the out-of-court release was signed,

the court shall issue an order terminating the rights of the parent

or guardian to that child. If the rights of both parents, the

surviving parent, or the guardian have been terminated, the court

shall issue an order committing the child to the child placing

agency or department to which the release was given.

(9) ~~(8)~~ The court shall authorize foster care funding pending

expiration of the period of appeal or rehearing as provided in

sections 64 and 65 of this chapter, and pending disposition of any

appeal or rehearing, for all persons committed to a child placing

agency. Foster care funding authorized under this subsection shall

exclude the administrative costs of the child placing agency. The

costs of foster care shall be paid through the use of the child

care fund as provided by section 117c of the social welfare act,

~~Act No. 280 of the Public Acts of 1939, being section 400.117c of~~

~~the Michigan Compiled Laws,~~ 1939 PA 280, MCL 400.117c, or by any

successor statute. When foster care funding is authorized ~~pursuant~~

according to this subsection, the court shall send a copy of the

order to the department. Upon receiving a copy of this order, the

department shall reimburse the court child care fund of the county

where the court order for foster care funding was made in the total

amount of the court ordered payment. The reimbursement shall be

made monthly.

(10) ~~(9)~~ Entry of an order terminating the rights of both

parents under subsection ~~(7)~~ (8) terminates the jurisdiction of the

circuit court over the child in any divorce or separate maintenance

action.

(11) ~~(10) Upon~~ Except as otherwise provided in subsection

(12), upon petition of the same person or persons who executed the

release and of the department or child placing agency to which the

child was released, the court with which the release was filed may

grant a hearing to consider whether the release should be revoked.

A release may not be revoked if the child has been placed for

adoption unless the child is placed as provided in section 41(2) of

this chapter and a petition for rehearing or claim of appeal is

filed within the time required. A verbatim record of testimony

related to a petition to revoke a release shall be made.

(12) Except as otherwise provided in this subsection, a parent

or guardian who has signed an out-of-court release but wishes to

request revocation of the out-of-court release shall submit a

request for revocation to the adoption attorney representing the

parent or guardian or the child placing agency that accepted the

out-of-court release not more than 5 days, excluding weekends and

holidays, after the out-of-court release was signed. The request

for revocation from the parent or guardian must be submitted in

writing by the parent or guardian who signed the out-of-court

release to the adoption attorney representing the parent or

guardian or a caseworker from the child placing agency that

accepted the out-of-court release. The request for revocation is

timely if delivered to the adoption attorney or the child placing

agency not more than 5 days, excluding weekends and holidays, after

the out-of-court release was signed. Upon receipt of a timely

request for revocation, the adoption attorney or the child placing

agency receiving the request for revocation shall assist the parent

or guardian in filing the petition to revoke the out-of-court

release with the court as soon as practicable. A parent or guardian

may file this petition with the court on his or her own. If the

parent or guardian files the petition on his or her own, the

petition must be filed with the court not more than 5 days,

excluding weekends and holidays, after the out-of-court release was

House Bill No. 4646 as amended March 26, 2014

signed.

(13) The court in which the out-of-court release was filed may

deny the request for revocation under <<subsection (14).>>

(14) If a petition to revoke an out-of-court release is filed

with the court, timely notice of revocation does not immediately

result in the return of the child to the parent or guardian. A

hearing before a judge is required to determine all of the

following unless a child placing agency accepting the out-of-court

release or the adoptive parent or parents agree to the revocation:

(a) Whether the request for revocation was given in a timely

and proper manner.

(b) Whether good cause exists to determine that the out-of-

court release was not signed voluntarily. If the court finds that

the out-of-court release was not signed voluntarily, the out-of-

court release is invalid and custody of the child shall be returned

to the parent or guardian. If the court finds that the out-of-court

release was signed voluntarily, the court shall proceed under

subdivision (c).

any of the following:

(i) Returning custody of the child to the parent or guardian.

(ii) Continuing the adoption proceeding commenced or intended

to be commenced by the adoptive parent or parents.

(iii) Disposition appropriate to the child's welfare as

authorized by section 18 of chapter XIIA under an ex parte order

entered by the court.

House Bill No. 4646 as amended March 26, 2014

Sec. 44. (1) Except as otherwise provided in this section, the

consent required by section 43 of this chapter shall be by a

separate instrument executed before the judge having jurisdiction

or, at the court's direction, before another judge of the family

division of circuit court in this state. A consent may be executed

before a juvenile court referee. The consent hearing shall be held

within 7 days after it is requested. If the consent of a parent or

guardian is executed before a judge or referee as provided in this

subsection, a verbatim record of testimony related to execution of

the consent shall be made.

(2) If the individual whose consent is required is in any of

the armed services or is in prison, the consent may be executed and

acknowledged before any individual authorized by law to administer

oaths.

(3) If the child to be adopted is legally a ward of the

department or of a child placing agency, the consent required to be

made under section 43 of this chapter by the authorized

representative of the department or agency may be executed and

acknowledged before an individual authorized by law to administer

oaths.

(4) If the consent is executed in another state or country,

the court having jurisdiction over the adoption proceeding in this

state shall determine whether the consent was executed in

accordance with the laws of that state or country or the laws of

this state and shall not proceed unless it finds that the consent

was so executed.

(5) In a direct placement, a consent by a parent or guardian

shall be accompanied by a verified statement signed by the parent

or guardian that contains all of the following:

(a) That the parent or guardian has received a list of support

groups and a copy of the written document described in section

6(1)(c) of the foster care and adoption services act, ~~Act No. 203~~

~~of the Public Acts of 1994, being section 722.956 of the Michigan~~

~~Compiled Laws.~~1994 PA 203, MCL 722.956.

(b) That the parent or guardian has received counseling

related to the adoption of his or her child or waives the

counseling with the signing of the verified statement.

promised any money or anything of value for the consent to adoption

of the child, except for lawful payments that are itemized on a

schedule filed with the consent.

(d) That the validity and finality of the consent is not

affected by any collateral or separate agreement between the parent

or guardian and the adoptive parent.

(e) That the parent or guardian understands that it serves the

child's welfare ~~of the child~~ for the parent to keep the child

placing agency, court, or department informed of any health

problems that the parent develops ~~which~~ that could affect the

child.

(f) That the parent or guardian understands that it serves the

child's welfare ~~of the child~~ for the parent or guardian to keep his

or her address current with the child placing agency, court, or

department in order to permit a response to any inquiry concerning

medical or social history from an adoptive parent of a minor

adoptee or from an adoptee who is 18 years or older.

(6) If a parent's consent to adoption is required under

section 43 of this chapter or if a guardian's consent is required

~~pursuant to~~ under section 43(1)(e) of this chapter, the consent

shall not be executed until after the investigation the court

considers proper and until after the judge, referee, or other

individual authorized in subsection (2) has fully explained to the

parent or guardian the legal rights of the parent or guardian and

the fact that the parent or guardian by virtue of the consent

voluntarily relinquishes permanently his or her rights to the

child. If an out-of-court consent is signed under subsection (8),

the adoption attorney representing the parent or guardian who

witnessed the out-of-court consent and a caseworker from the child

placing agency that witnessed the out-of-court consent shall fully

explain to the parent or guardian his or her legal rights and the

fact that the parent or guardian by virtue of the out-of-court

consent voluntarily relinquishes permanently his or her rights to

the child. If an out-of-court consent has been signed under

subsection (8), not sooner than 5 days, excluding weekends and

holidays, after the out-of-court consent was signed, the court

shall issue an order terminating the rights of the parent or

guardian to that child.

(7) If the adoptee's consent to adoption is required under

section 43 of this chapter, the consent shall not be executed until

after the investigation the court considers proper and until after

the judge or referee has fully explained to the adoptee the fact

that he or she is consenting to acquire permanently the adopting

parent or parents as his or her legal parent or parents as though

the adoptee had been born to the adopting parent or parents.

(8) In a direct placement, a parent or guardian may sign an

out-of-court consent after the child's birth. An out-of-court

consent signed under this subsection must comply with all of the

following:

(a) The out-of-court consent shall not be signed until after a

72-hour waiting period that begins at the time of the child's birth

has expired.

(b) If the parent signing the out-of-court consent is an

unemancipated minor, the out-of-court consent is not valid unless

it is also signed by a parent or guardian of that unemancipated

minor parent in the presence of the witnesses described in this

subsection.

verified statement from subsection (5) and a statement regarding

relinquishment of parental rights that includes all of the

following:

(i) The right to have or to seek care and custody of the child.

(ii) The right to have or to seek parenting time with the

child.

(iii) The right to inherit from the child or have the child

inherit from the parent.

(iv) The right to services and earnings of the child.

(v) The right to determine the child's schooling, religious

training, and parenting practices.

(d) In separate paragraphs with sufficient space in the margin

for a parent to place his or her initials beside each paragraph,

the out-of-court consent must state the all of the following:

(i) I have read or had read to me each of my rights as a parent

described in section 44(8)(c) of chapter X of the probate code of

1939, 1939 PA 288, MCL 710.44, and I understand these rights.

(ii) I am signing the out-of-court consent as a free and

voluntary act on my part, and I have been advised that I cannot be

forced to sign the out-of-court consent for any reason.

(iii) I have not been given or promised any money or other thing

of value in exchange for signing the out-of-court consent.

(iv) If I sign the out-of-court consent, I understand that I am

giving up all of my parental rights and authorizing the court to

permanently terminate all of my parental rights, unless the court

allows me to revoke my out-of-court consent.

(v) It has been explained to me and I understand all of the

following:

(A) I am not required to sign an out-of-court consent.

(B) I may make a temporary placement of my child with the

prospective adoptive parent or parents, if I have not already done

so, or I may continue the temporary placement I have already made,

until I choose to sign a consent in court or sign an out-of-court

consent.

have signed by submitting a timely written request for revocation.

(D) If I request a revocation of the out-of-court consent, I

must appear before the court so the court may consider whether to

grant the revocation.

(vi) I have been advised that I may submit a request for

revocation in writing to the adoption attorney or child placing

agency that witnessed the out-of-court consent not more than 5

days, excluding weekends and holidays, after the out-of-court

consent was signed or I may petition the court on my own for

revocation of the out-of-court consent not more than 5 days,

excluding weekends and holidays, after the out-of-court consent was

signed.

(vii) If I submit a timely request for revocation, the court

may grant the request or deny the request for revocation depending

on my fitness and immediate ability to properly care for the child

and whether the best interests of the child would be served by the

revocation.

(e) The out-of-court consent must contain the contact

information for both the adoption attorney representing the parent

or guardian and the child placing agency that witnessed the out-of-

court consent specifying where a written request for revocation may

be submitted, including a postal mailing address, overnight carrier

address, fax number, and electronic mail address. A request for

revocation may not be submitted to the adoption attorney

representing the parent or guardian or the child placing agency

that witnessed the out-of-court consent by telephone or text

message.

(f) The following statement must appear immediately above the

signature of the parent or guardian executing the out-of-court

consent: "I acknowledge that I am signing this out-of-court consent

freely and voluntarily, after my parental rights have been

explained to me and any questions I may have about it have been

fully answered. I understand the rights I am giving up and that an

order terminating my parental rights, when entered by the court, is

a permanent termination of all of my parental rights.".

(g) The out-of-court consent may be signed before filing a

petition for adoption.

(9) Except as otherwise provided in this subsection, a parent

or guardian who has signed an out-of-court consent but wishes to

request revocation of the out-of-court consent shall submit a

request for revocation to the adoption attorney representing the

parent or guardian or the child placing agency that witnessed the

out-of-court consent not more than 5 days, excluding weekends and

holidays, after the out-of-court consent was signed. The request

for revocation from the parent or guardian must be submitted in

writing by the parent or guardian who signed the out-of-court

consent to the adoption attorney representing the parent or

guardian or a caseworker from the child placing agency that

witnessed the out-of-court consent. The request for revocation is

timely if delivered to the adoption attorney or a caseworker from

the child placing agency not more than 5 days, excluding weekends

and holidays, after the out-of-court consent was signed. Upon

receipt of a timely request for revocation, the adoption attorney

or the child placing agency receiving the request for revocation

shall assist the parent or guardian in filing the petition to

revoke the out-of-court consent with the court as soon as

practicable. A parent or guardian may file this petition with the

court on his or her own. If the parent or guardian files the

petition on his or her own, the petition must be filed with the

court not more than 5 days, excluding weekends and holidays, after

the out-of-court consent was signed.

(10) The court in which the out-of-court consent was filed may

deny the request for revocation under subsections (11) and (12).

(11) If a petition to revoke an out-of-court consent has been

filed with the court, timely notice of revocation does not

immediately result in the return of the child to the parent or

guardian. A hearing before a judge is required to determine all of

the following unless the adoptive parent or parents agree to the

revocation:

(a) Whether the request for revocation was given in a timely

and proper manner.

(b) Whether good cause exists to determine that the out-of-

court consent was not signed voluntarily. If the court finds that

the out-of-court consent was not signed voluntarily, the out-of-

court consent is invalid and custody of the child shall be returned

to the parent or guardian. If the court finds that the out-of-court

consent was signed voluntarily, the court shall proceed under

subdivision (c).

any of the following:

(i) Returning custody of the child to the parent or guardian.

(ii) Continuing the adoption proceeding commenced or intended

to be commenced by the adoptive parent or parents.

(iii) Disposition appropriate to the child's welfare as

authorized by section 18 of chapter XIIA under an ex parte order

entered by the court.

(12) In determining the best interest of the child under

subsection (11)(c), if a parent or guardian is seeking revocation

of an out-of-court consent, the court shall determine if the parent

or guardian seeking revocation is fit and immediately able to

properly care for the child if the court returned the child to the

parent or guardian. If the court determines that the parent or

guardian is not fit and immediately able to properly care for the

child, the court shall deny the revocation. If the court finds that

the parent or guardian is fit and immediately able to properly care

for the child, the court shall determine the best interest of the

child. The "best interest of the child" means the sum total of the

following factors to be considered, evaluated, and determined by

the court:

(a) The child's age and length of time the parent or guardian

seeking revocation has had physical custody of the child so that

significant love, affection, and other emotional ties exist between

the parent or guardian and the child and whether during that time

the child has lived in a stable, satisfactory environment.

(b) The capacity and disposition of the prospective adopting

individual or individuals and the parent or guardian seeking

revocation to give the child love, affection, and guidance, and to

educate and create a milieu that fosters the child's religion,

racial identity, and culture.

individual or individuals and the parent or guardian seeking

revocation to provide the child with food, clothing, education,

permanence, medical care or other remedial care recognized and

permitted under the state law in place of medical care, and other

material needs.

(d) The permanence as a family unit of the prospective

adopting individual or individuals and the parent or guardian

seeking revocation.

(e) The moral fitness of the prospective adopting individual

or individuals and the parent or guardian seeking revocation.

(f) The mental and physical health of the prospective adopting

individual or individuals and the parent or guardian seeking

revocation.

(g) The home, school, and community record of the child.

(h) The child's reasonable preference, if the child is 14

years of age or less and if the court considers the child to be of

sufficient age to express a preference.

(i) The ability and willingness of the prospective adopting

individual or individuals to adopt the child's siblings.

(j) Any other factor considered by the court to be relevant to

a particular prospective adoptive placement or to a revocation of

an out-of-court consent.

Enacting section 1. This amendatory act takes effect 180 days

after the date it is enacted into law.