HB-4647, As Passed House, June 4, 2013

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4647

 

April 30, 2013, Introduced by Rep. O'Brien and referred to the Committee on Families, Children, and Seniors.

 

     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.

 


     (c) The court of appeals affirms the order terminating

 

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.

 

     (c) The supreme court denies an application for leave or, if

 

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.

 

     (c) Notice has been served upon interested parties described

 


House Bill No. 4647 as amended May 23, 2013

in section 24a of this chapter.

[Enacting section 1. This amendatory act takes effect January 1, 2014.]