June 14, 2012, Introduced by Rep. Kurtz and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending sections 23b, 23d, 23e, and 46 of chapter X (MCL
710.23b, 710.23d, 710.23e, and 710.46), section 46 as amended
section 23b as added by 1994 PA 222, section 23d as amended by 2004
PA 487, and section 23e as amended by 2000 PA 55.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER X
Sec. 23b. (1) A child placing agency or the department that
acquires
legal and physical custody of a child pursuant to under
section 29 of this chapter or chapter XIIA may formally place a
child for adoption under section 51 of this chapter. A child
placing
agency that acquires written authorization pursuant
according to subsection (3) from the parent or guardian having
legal custody of a child may make a temporary placement of the
child under section 23d of this chapter. A child placing agency may
assist a parent or guardian to make a direct placement under
section 23a of this chapter.
(2) In an agency placement, a child placing agency or the
department may involve the parent or guardian of a child in the
selection of an adoptive parent and may facilitate the exchange of
identifying information or meetings between a biological parent and
an adoptive parent.
(3) In a written document signed by a witness and by the
parent or guardian in the presence of the witness, a parent or
guardian having legal and physical custody of a child may authorize
a child placing agency to make a temporary placement of the child
under section 23d of this chapter. If the parent of the child being
temporarily placed is an unemancipated minor, the authorization is
not valid unless it is also signed in the presence of the witness
by a parent or guardian of that minor parent.
(4) A child placing agency is not required to perform, assist,
counsel, recommend, facilitate, refer, or participate in a
placement that violates the child placing agency's written
religious or moral convictions or policies. A state or local
government entity may not deny a child placing agency a grant,
contract, or participation in a government program because of the
child placing agency's objection to performing, assisting,
counseling, recommending, facilitating, referring, or participating
in a placement that violates the child placing agency's written
religious or moral convictions or policies. Refusal by a child
placing agency to perform, assist, counsel, recommend, facilitate,
refer, or participate in a placement that violates the child
placing agency's written religious or moral convictions or policies
does not constitute a determination that the proposed adoption is
not in the best interests of the adoptee.
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.
(c) In the presence of a witness who also signs the document,
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.
(c) The name and address of the prospective adoptive parent
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) A child placing agency is not required to perform,
assist, counsel, recommend, facilitate, refer, or participate in a
placement that violates the child placing agency's written
religious or moral convictions or policies. A state or local
government entity may not deny a child placing agency a grant,
contract, or participation in a government program because of the
child placing agency's objection to performing, assisting,
counseling, recommending, facilitating, referring, or participating
in a placement that violates the child placing agency's written
religious or moral convictions or policies. Refusal by a child
placing agency to perform, assist, counsel, recommend, facilitate,
refer, or participate in a placement that violates the child
placing agency's written religious or moral convictions or policies
does not constitute a determination that the proposed adoption is
not in the best interests of the adoptee.
Sec. 23e. (1) Not later than 14 days after the filing of a
petition by the prosecutor as required by section 23d(4) of this
chapter, by a prospective adoptive parent as permitted in section
23d(6) of this chapter, or by a child placing agency as required by
section 23d(7) of this chapter, the court shall hold a hearing to
determine the custody of a child for whom a temporary placement has
been made.
(2) Upon receiving a petition filed under section 23d(5) of
this chapter, the court shall immediately issue an ex parte order
directing the prospective adoptive parent to return the child to
the parent or guardian with legal custody within 24 hours after
receipt of the order, unless the court proceeds under subsection
(3).
(3) The court may appoint an attorney to represent the child
or refer the matter to the department. The attorney or the
department may file a petition on the child's behalf requesting the
court to take jurisdiction under section 2(b) of chapter XIIA. If
that petition has not been filed within 14 days after the court
appoints an attorney or refers the matter to the department under
this section, the court shall order the return of the child to the
parent or guardian with legal custody. During the period before the
petition for jurisdiction under section 2(b) of chapter XIIA is
filed and a preliminary hearing is held or the return of custody is
ordered, the court shall remove the child from the home of the
prospective adoptive parent and make a temporary disposition
appropriate for the welfare of the child as authorized by section
18 of chapter XIIA.
(4) Subject to subsection (2), the court may appoint a
guardian under the estates and protected individuals code, 1998 PA
386,
MCL 700.1101 to 700.8102, 700.8206,
in response to a petition
filed by the prospective adoptive parent or another individual
interested in the child's welfare, and make a temporary disposition
appropriate for the child's welfare as authorized by section 18 of
chapter XIIA until an order of guardianship is entered.
(5) The court may order the return of a child to a child
placing agency that has obtained legal custody of the child.
(6) The court may appoint a guardian ad litem for the child or
for a minor parent of the child.
(7) This act provides the exclusive remedy for all custody
disputes arising out of a temporary placement.
(8) Refusal by a child placing agency under section 23b or 23d
of this chapter to perform, assist, counsel, recommend, facilitate,
refer, or participate in a placement that violates the child
placing agency's written religious or moral convictions or policies
does not constitute a determination that the proposed adoption is
not in the best interests of the adoptee.
Sec. 46. (1) Upon the filing of an adoption petition, the
court shall direct a full investigation by an employee or agent of
the court, a child placing agency, or the department. The court may
use the preplacement assessment described in section 23f of this
chapter and may order an additional investigation by an employee or
agent of the court or a child placing agency. The following shall
be considered in the investigation:
(a) The best interests of the adoptee.
(b) The adoptee's family background, including names and
identifying data regarding the parent or parents, if obtainable.
(c) The reasons for the adoptee's placement away from his or
her parent or parents.
(2) A written report of the investigation shall be filed
within 3 months after the order for investigation.
(3) If the adoptee has been placed for foster care with the
petitioner for 12 months or longer and the foster family study was
completed or updated not more than 12 months before the petition
was filed, the court, upon motion by the petitioner, may waive the
full investigation required by this section. The foster family
study, with information added as necessary to update or supplement
the original study, may be substituted for the written report
required under subsection (2).
(4) Refusal by a child placing agency under section 23b or 23d
of this chapter to perform, assist, counsel, recommend, facilitate,
refer, or participate in a placement that violates the child
placing agency's written religious or moral convictions or policies
does not constitute a determination that the proposed adoption is
not in the best interests of the adoptee.