PROBATE CODE OF 1939
Act 288 of 1939
710.46 Investigation; considerations; report; waiver.
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).
History: Add. 1974, Act 296, Eff. Jan. 1, 1975 ;-- Am. 1982, Act 72, Imd. Eff. Apr. 14, 1982 ;-- Am. 1994, Act 222, Eff. Jan. 1, 1995
PopularName Notes:
Probate Code
Notes of Decisions
In the Matter of Taurus F., 330 N.W.2d 33 (Mich. 1982).
· cites it 4× “Second, the criteria of § 2(b), child removal, and MCL 710.46; MSA 27.3178(555.46), child adoption, are completely different.”
In Re Clausen, 502 N.W.2d 649 (Mich. 1993).
“[MCL 710.46(1)(a); MSA 27.3178(555.46)(1)(a).”
In Re DaBaja, 477 N.W.2d 148 (Mich. Ct. App. 1991).
· cites it 2× “Respondent contended that termination of his parental rights was improper because the September 14, 1990, hearing was held without the full investigation and report required by MCL 710.46; MSA 27.3178(555.46) and MCL 710.”
In Re Buckingham, 368 N.W.2d 888 (Mich. Ct. App. 1985).
· cites it 2× “43), subds (l)(a)(ii), (b), and (d), which is accomplished by the execution of a separate instrument.”
DeBoer v. Schmidt, 502 N.W.2d 649 (Mich. 1993).
“[MCL 710.46(l)(a); MSA 27.3178(555.46)(l)(a).”
In Re Eam Minor (Mich. Ct. App. 2026).
· cites it 2× “Further, if the trial court was concerned about MNIM’s consent, the court should have proceeded under MCL 710.46 and MCL 710.51. MCL 710.46 authorizes courts to direct an investigation, following which a written report is prepared.”
in Re Kjs Minor (Mich. Ct. App. 2016).
“The purpose of the Adoption Code is “[t]o provide procedures and services that will safeguard and promote the best interests of each adoptee,” and “the rights of the adoptee shall be paramount.”
— Mich. Comp. Laws § 710.46(1)(a) — 2 cases
In Re Clausen, 502 N.W.2d 649 (Mich. 1993).
“[MCL 710.46(1)(a); MSA 27.3178(555.46)(1)(a).”
in Re Kjs Minor (Mich. Ct. App. 2016).
“The purpose of the Adoption Code is “[t]o provide procedures and services that will safeguard and promote the best interests of each adoptee,” and “the rights of the adoptee shall be paramount.”
— Mich. Comp. Laws § 710.46(l)(a) — 1 case
DeBoer v. Schmidt, 502 N.W.2d 649 (Mich. 1993).
“[MCL 710.46(l)(a); MSA 27.3178(555.46)(l)(a).”
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