June 12, 2003, Introduced by Reps. Clack, Vagnozzi, Tobocman, Phillips, Smith, Paletko, Minore, Plakas, Stallworth, Gleason, Spade, Murphy, Williams, O'Neil, Sak and Farrah and referred to the Committee on Family and Children Services.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending section 64 of chapter X and section 10 of chapter XII
(MCL 710.64 and 712.10), section 64 of chapter X as amended by
1996 PA 409 and section 10 of chapter XII as added by 2000
PA 232.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 CHAPTER X
2 Sec. 64. (1) Upon the filing of a petition in court within
3 21 days after entry of any order under this chapter, and after
4 due notice to all interested parties, the judge may grant a
5 rehearing and may modify or set aside the order.
6 (2) The court shall enter an order with respect to the
7 original hearing or rehearing of contested matters within 21 days
8 after the termination of the hearing or rehearing.
1 (3) If a dispute arises under this chapter regarding the
2 legal custody of a child, proceedings on a petition to terminate
3 the parental rights of a parent of the child are stayed until a
4 decision is rendered in the legal custody dispute.
5 CHAPTER XII
6 Sec. 10. (1) If a biological parent wants custody of a
7 newborn who was surrendered under section 3 of this chapter, the
8 parent must, within 28 days after the newborn was surrendered,
9 file an action with the court for custody. The parent shall file
10 the custody action in 1 of the following counties:
11 (a) If the parent has located the newborn, the county where
12 the newborn is located.
13 (b) If subdivision (a) does not apply and the parent knows
14 the location of the emergency service provider to whom the
15 newborn was surrendered, the county where the emergency service
16 provider is located.
17 (c) If neither subdivision (a) nor (b) apply, the county
18 where the parent is located.
19 (2) Before holding a custody hearing in an action filed under
20 this section, the court shall determine whether the individual
21 filing the custody action is the newborn's biological parent.
22 (3) If a dispute arises under this chapter regarding the
23 legal custody of a child, proceedings on a petition to terminate
24 the parental rights of a parent of the child are stayed until a
25 decision is rendered in the legal custody dispute.