HOUSE BILL No. 5490


     March 8, 2000, Introduced by Rep. Voorhees and referred to the Committee on Family and Civil Law.


        A bill to amend 1970 PA 91, entitled

   "Child custody act of 1970,"

   by amending section 6b (MCL 722.26b), as amended by 1993 PA 259.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 6b.  (1) Except as otherwise provided in subsection

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      (2), a guardian or limited guardian of a child has standing to

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      bring an action for custody of the child  pursuant to  AS PRO-

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      VIDED IN this act.

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           (2) A limited guardian of a child does not have standing to

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      bring an action for custody of the child if the parent or parents

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      of the child have substantially complied with a limited guardian-

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      ship placement plan regarding the child entered into  pursuant to

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      section 424a of the revised probate code, Act No. 642 of the

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      Public Acts of 1978, being section 700.424a of the Michigan




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      Compiled Laws  AS REQUIRED BY SECTION 5205 OF THE ESTATES AND

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      PROTECTED INDIVIDUALS CODE, 1998 PA 386, MCL 700.5205.

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           (3) If the circuit court does not have prior continuing

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      jurisdiction over the child, a child custody action brought by a

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      guardian or limited guardian of the child shall be filed in the

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      circuit court in the county in which the probate court appointed

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      the guardian.

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           (4) Upon the filing of a child custody action brought by a

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      CHILD'S guardian or limited guardian,  of the child, all  guard-

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      ianship proceedings concerning that child in the probate court

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       shall be  ARE stayed until disposition of the child custody

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      action.  An order of the  A probate court ORDER concerning the

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      guardianship of the child  shall continue  CONTINUES in force

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      until superseded by  an order of the  A circuit court ORDER.  If

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      the circuit court awards custody of the child, it shall send a

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      copy of the judgment or order of disposition to the probate court

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      in the county that appointed the CHILD'S guardian or limited

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      guardian.  for the child. 

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           (5) If a CHILD'S guardian or limited guardian  of a child 

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      brings a child custody action, the circuit court shall request

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      the supreme court  pursuant to  IN ACCORDANCE WITH section 225 of

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      the revised judicature act of 1961,  Act No. 236 of the Public

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      Acts of 1961, being section 600.225 of the Michigan Compiled

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      Laws  1961 PA 236, MCL 600.225, to assign  the judge of 
   the pro-

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      bate court JUDGE who appointed that guardian or limited guardian

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      to serve as  a judge of  the circuit court JUDGE and hear the

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      child custody action.



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           Enacting section 1.  This amendatory act takes effect April

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      1, 2000.




















































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