HB-4647, As Passed House, March 27, 2014HB-4647, As Passed Senate, March 27, 2014

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4647

A bill to amend 1939 PA 288, entitled

"Probate code of 1939,"

by amending section 56 of chapter X (MCL 710.56), as amended by

2004 PA 487.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER X

Sec. 56. (1) ~~Six~~ Except as otherwise provided in this

subsection, 6 months after formal placement under section 51 of

this chapter, unless the court determines that circumstances have

arisen that make adoption undesirable, the court may enter an order

of adoption. Upon the motion of the petitioner, the court may waive

the 6-month period, or any portion of that period, if the waiver is

in the adoptee's best interests. ~~of the adoptee.~~ If, after a

hearing, the court finds that the adoptee's best interests ~~of the~~

~~adoptee~~ will be served, it may extend the 6-month period for an

additional period of time not exceeding 18 months from the time of

formal placement for adoption. In an adoption proceeding for which

an adoption order is not entered within 18 months after formal

placement, the court shall hold a hearing and determine whether an

order of adoption shall be entered or the petition denied. If a

child is formally placed according to section 41(2) of this

chapter, the court may extend the 6-month period for an additional

period, ~~which~~ that may exceed 18 months from the time of formal

placement, until an order for adoption may be entered under

subsection (2). For an adoptee who is less than 1 year old at the

time of filing, 3 months after formal placement under section 51 of

this chapter, unless the court determines that circumstances have

arisen that make adoption undesirable, the court may enter an order

of adoption.

(2) Except as provided in subsection (3), if a petition for

rehearing or an appeal as of right from an order terminating

parental rights has been filed, the court shall not order an

adoption until 1 of the following occurs:

(a) The petition for rehearing is granted, and 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.

parental rights.

(3) If an application for leave to appeal has been filed with

the supreme court, the court shall not order an adoption until 1 or

more of the following occurs:

(a) The application for leave to appeal is denied.

(b) The supreme court affirms the order terminating parental

rights.

(4) If a motion brought under section 45 of this chapter has

been filed, the court shall not order an adoption until 1 of the

following occurs:

(a) The motion is decided and subsequently the period for

appeal as of right to the court of appeals has expired without an

appeal being filed.

(b) The motion is decided, an appeal as of right to the court

of appeals has been filed, the court of appeals issues an opinion,

and subsequently the period for filing an application for leave to

the supreme court has expired without an application being filed.

an application is granted, the supreme court issues an opinion.

(5) If the person to be adopted is an adult, the court may

enter an order of adoption after all of the following occur:

(a) The person to be adopted consents to the adoption

according to section 43(3) of this chapter.

(b) The written report of investigation required by section

46(2) of this chapter is filed.

in section 24a of this chapter.