Michigan Laws 710.24a – Interested parties; appointment of guardian to defeat parent’s status as interested party
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Terms Used In Michigan Laws 710.24a
- Adoptee: means the individual who is to be adopted, regardless of whether the individual is a child or an adult. See Michigan Laws 710.22
- Child: means an individual less than 18 years of age. See Michigan Laws 710.22
- Child placing agency: means a private organization licensed under 1973 PA 116, MCL 722. See Michigan Laws 710.22
- Consent: means a document in which all parental rights over a specific child are voluntarily relinquished to the court for placement with a specific adoptive parent. See Michigan Laws 710.22
- Court: means the family division of circuit court of this state, or if the context requires, the court having jurisdiction over adoption in another state or country. See Michigan Laws 710.22
- Department: means the department of health and human services. See Michigan Laws 710.22
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 710.22
- Release: means a document in which all parental rights over a specific child are voluntarily relinquished to the department or to a child placing agency. See Michigan Laws 710.22
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Temporary placement: means a placement that occurs before court approval under section 51 of this chapter and that meets the requirements of section 23d of this chapter. See Michigan Laws 710.22
(1) Interested parties in a petition for adoption are all of the following:
(a) The petitioner or petitioners.
(b) The adoptee, if over 14 years of age.
(c) A minor parent, adult parent, or surviving parent of an adoptee, unless 1 or more of the following apply:
(i) The rights of the parent have been terminated by a court of competent jurisdiction.
(ii) A guardian of the adoptee, with specific authority to consent to adoption, has been appointed.
(iii) A guardian of the parent, with specific authority to consent to adoption, has been appointed.
(iv) The rights of the parent have been released.
(v) The parent has consented to the granting of the petition.
(d) The department or a child placing agency to which the adoptee has been, or for purposes of subsection (3) is proposed to be, released or committed by an order of the court.
(e) A parent, guardian, or guardian ad litem of an unemancipated minor parent of the adoptee.
(f) The court with permanent custody of the adoptee.
(g) A court with continuing jurisdiction over the adoptee.
(h) A child placing agency of another state or country that has authority to consent to adoption.
(i) The guardian or guardian ad litem of an interested party.
(2) Interested parties in a petition for a hearing to identify the father of an adoptee and to determine or terminate his rights are all of the following:
(a) The persons set forth in subsection (1).
(b) A putative father of the adoptee.
(3) Interested parties in a proceeding relating to the execution of a voluntary release are all of the following:
(a) The adoptee, if over 5 years of age.
(b) The department or a child placing agency to which the adoptee is proposed to be released.
(c) The person executing the release of parental rights.
(4) Interested parties in a rescission petition are all of the following:
(a) The petitioners.
(b) The stepparent who adopted the adult adoptee.
(c) The spouse of the parent whose rights were terminated.
(5) Interested parties in a hearing related to temporary placement are all of the following:
(a) The parent or guardian who made or authorized the temporary placement.
(b) The parent or guardian of an unemancipated minor parent of the adoptee.
(c) A child placing agency that was authorized under section 23b of this chapter to make the temporary placement.
(d) If only 1 parent made or authorized the temporary placement, the other parent and each putative father of the adoptee.
(e) The prospective adoptive parent with whom temporary placement was made.
(f) The prosecutor who filed a petition under section 23d of this chapter.
(g) The guardian ad litem of any interested party, if a guardian ad litem has been appointed.
(6) In the interest of justice, the court may require additional parties to be served.
(7) The court shall not appoint a guardian of the adoptee or of a parent solely for the purpose of defeating that parent’s status as an interested party under this section.