March 3, 2010, Introduced by Senators BASHAM, HUNTER and GLEASON and referred to the Committee on Families and Human Services.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending sections 25, 33, 37, and 39 of chapter X (MCL 710.25,
710.33, 710.37, and 710.39), section 25 as added by 1982 PA 72 and
section 39 as amended by 1998 PA 94.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER X
Sec.
25. (1) All Except as
provided in subsection (3), all
proceedings under this chapter shall be considered to have the
highest priority and shall be advanced on the court docket so as to
provide for their earliest practicable disposition.
(2)
An Except as provided in
subsection (3), an adjournment or
continuance of a proceeding under this chapter shall not be granted
without a showing of good cause.
(3) If an action to determine paternity is brought under the
paternity act, 1956 PA 205, MCL 722.711 to 722.730, and the child
who is the subject of that action is also the subject of an
adoption petition brought under this chapter, the adoption
proceeding shall be stayed until paternity is determined.
Sec. 33. (1) Before the birth of a child born out of wedlock,
a person claiming under oath to be the father of the child may file
a verified notice of intent to claim paternity with the court in
any county of this state. The form of the notice shall be
prescribed
by the director of the department of public community
health and provided to the court. The notice shall include the
claimant's address. On the next business day after receipt of the
notice the court shall transmit the notice to the vital records
division
of the department of public community
health. If the
mother's address is stated on the notice, the vital records
division shall send a copy of the notice by first-class mail to the
mother of the child at the stated address.
(2) A person filing a notice of intent to claim paternity
shall be presumed to be the father of the child for purposes of
this chapter unless the mother denies that the claimant is the
father.
Such a That notice is admissible in a paternity proceeding
under
Act No. 205 of the Public Acts of 1956, as amended, being
sections
722.711 to 722.730 of the Michigan Compiled Laws the
paternity act, 1956 PA 205, MCL 722.711 to 722.730, and shall
create a rebuttable presumption as to the paternity of that child
for
purposes of that act. Such a That
notice shall create a
rebuttable presumption as to paternity of the child for purposes of
dependency
or neglect proceedings under chapter 12a XIIA.
(3) A person who timely files a notice of intent to claim
paternity
shall be is entitled to notice of any hearing involving
that child to determine the identity of the father of the child and
any hearing to determine or terminate his paternal rights to the
child.
(4) If a putative father files a notice of intent to claim
paternity and the birth mother does not contest paternity, the
court presiding over the adoption proceeding shall enter an order
of filiation under the paternity act, 1956 PA 205, MCL 722.711 to
722.730, if requested by the putative father, declaring the
putative father to be the father of the child.
Sec.
37. (1) If Except as
provided in subsection (3), if the
court
has proof that the person whom it determines pursuant to
under section 36 to be the father of the child was timely served
with
a notice of intent to release or consent pursuant to under
section 34(1) or was served with or waived the notice of hearing
required by section 36(3), the court may permanently terminate the
rights of the putative father under any of the following
circumstances:
(a) The putative father submits a verified affirmation of his
paternity and a denial of his interest in custody of the child.
(b) The putative father files a disclaimer of paternity. For
purposes of this section the filing of the disclaimer of paternity
shall
constitute constitutes a waiver of notice of hearing and
shall
constitute constitutes a denial of his interest in custody of
the child.
(c) The putative father was served with a notice of intent to
release or consent in accordance with section 34(1), at least 30
days before the expected date of confinement specified in that
notice but failed to file an intent to claim paternity either
before the expected date of confinement or before the birth of the
child.
(d) The putative father is given proper notice of hearing in
accordance with section 36(3) or 36(5) but either fails to appear
at the hearing or appears and denies his interest in custody of the
child.
(2) If the identity of the father cannot be determined, or if
the identity of the father is known but his whereabouts cannot be
determined, the court shall take evidence to determine the facts in
the matter. The court may terminate the rights of the putative
father if the court finds from the evidence that reasonable effort
has been made to identify and locate the father and that any of the
following circumstances exist:
(a) The putative father, whose identity is not known, has not
made provision for the child's care and did not provide support for
the mother during her pregnancy or during her confinement.
(b) The putative father, whose identity is known but whose
whereabouts are unknown, has not provided support for the mother,
has not shown any interest in the child, and has not made provision
for the child's care, for at least 90 days preceding the hearing
required under section 36.
(3) If a putative father has obtained an order of filiation,
his parental rights may not be terminated unless the court finds
that it would not be in the best interests of the child to grant
custody to the putative father after an inquiry into his fitness
and ability to properly care for the child.
Sec. 39. (1) If the putative father 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 that 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. The court shall use the child support
formula developed under section 19 of the friend of the court act,
1982 PA 294, MCL 552.519, as a guideline with the parties imputed
with minimum wage or actual wages, whichever is greater, in
determining whether the putative father has provided substantial
and regular support or care.
(3) If the parental rights of the mother are terminated
pursuant
to under this chapter or other law 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.