HB-4648, As Passed House, June 4, 2013

SUBSTITUTE FOR

HOUSE BILL NO. 4648

     A bill to amend 1939 PA 288, entitled

"Probate code of 1939,"

by amending section 39 of chapter X (MCL 710.39), as amended by

1998 PA 94.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER X

     Sec. 39. (1) If the putative father has registered in a timely

manner with the responsible father registry and does not come

within the provisions of subsection (2), and if the putative father

appears at the hearing and requests custody of the child, the court

shall inquire into his fitness and his ability to properly care for

the child and shall determine whether the best interests of the

child will be served by granting custody to him. If the court finds

that it would not be in the best interests of the child to grant

custody to the putative father, the court shall terminate his

rights to the child.

     (2) If the putative father has established a custodial

relationship with the child or has provided substantial and regular

support or care in accordance with the putative father's ability to

provide such support or care for the mother during pregnancy or for

either mother or child after the child's birth during the 90 days

before notice of the hearing was served upon him, the rights of the

putative father shall not be terminated except by proceedings in

accordance with section 51(6) of this chapter or section 2 of

chapter XIIA.

     (3) If the court determines that the parental rights of the

putative father will not be terminated under subsection (1), the

court shall do all of the following:

     (a) Terminate the temporary placement made under section 23d

of this chapter.

     (b) Return custody of the child to the mother or the guardian.

     (c) Deny the order of adoption and dismiss the pending

adoption proceeding.

     (4) The fact that the mother or guardian executed or proposed

to execute a release or consent relinquishing the mother's parental

rights or the guardian's rights to the child and sought termination

of the putative father's parental rights under section 36, 37, or

39 of this chapter shall not be used against the mother or guardian

in any proceeding under the child custody act of 1970, 1970 PA 91,

MCL 722.21 to 722.31, after the court has completed the provisions

in subsection (3).

(5) (3) If the mother's parental rights of the mother are

terminated pursuant to under this chapter or other law and are not

restored under section 62 of this chapter and if the court awards

custody of a child born out of wedlock to the putative father, the

court shall enter an order granting custody to the putative father

and legitimating the child for all purposes. Upon entry of an order

granting custody and legitimating the child, the clerk of the court

shall collect a fee of $35.00 from the putative father. The clerk

shall retain $9.00 of the fee and remit the $26.00 balance, along

with a written report of the order granting custody and

legitimating the child, to the director of the department of

community health. The report shall be on a form prescribed by or in

a manner approved by the director of the department of community

health. Regardless of whether the fee required by this section is

collected, the clerk shall transmit and the department of community

health shall receive the report of the order granting custody and

legitimating the child.

     Enacting section 1. This amendatory act takes effect January

1, 2014.