5.3Who May Make a Temporary Placement

Under MCL 710.55(1), only the following may temporarily place a child for adoption:

(1) A parent or guardian, with legal and physical custody of the child, making a direct placement, MCL 710.23a(1).

(2) A child placing agency with written authorization to temporarily place the child, MCL 710.23b(1).

“A person who violates [MCL 710.55(1)] is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both, for the first violation, and of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both, for each subsequent violation. The court may enjoin from further violations any person who violates [MCL 710.55].” MCL 710.55(2).

A.Parent or Guardian Placement

“A parent or guardian having legal and physical custody of a child may make a direct placement of the child for adoption by making a temporary placement under [MCL 710.23d.]” MCL 710.23a(1).

MCL 710.23a(2) requires the parent or guardian to “personally select a prospective adoptive parent in a direct placement[,]” and prohibits the selection from being delegated. However, “[a] child placing agency may assist a parent or guardian to make a direct placement under [MCL 710.23a].” MCL 710.23b(1).

For a detailed discussion on direct placement adoptions, see Section 8.2.

B.Agency Placement

“In a written document signed by a witness and by the parent or guardian in the presence of the witness, a parent or guardian having legal and physical custody of a child may authorize a child placing agency to make a temporary placement of the child under [MCL 710.23d]. If the parent of the child being temporarily placed is an unemancipated minor, the authorization is not valid unless it is also signed in the presence of the witness by a parent or guardian of that minor parent.” MCL 710.23b(3).

“A child placing agency that acquires written authorization pursuant to [MCL 710.23b(3)] from the parent or guardian having legal custody of a child may make a temporary placement of the child under [MCL 710.23d].”¹ MCL 710.23b(1).

“In an agency placement, a child placing agency or the department may involve the parent or guardian of a child in the selection of an adoptive parent and may facilitate the exchange of identifying information or meetings between a biological parent and an adoptive parent.” MCL 710.23b(2). If the “parent or guardian selects or participates in the selection of the adoptive parent, an adoption facilitator shall allow the parent or guardian the option of selecting from the adoption facilitator’s entire pool of potential adoptive parents who have been determined suitable to be adoptive parents of adoptees.”MCL 722.957(3). For a discussion on adoption facilitators, see Section 8.2(B)(2).