Bill Text: MI HB5022 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Children; adoption; access to central adoption registry; provide for grandparents. Amends secs. 22, 27a, 27b & 68, ch. X of 1939 PA 288 (MCL 710.22 et seq.).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-09-28 - Bill Electronically Reproduced 09/27/2017 [HB5022 Detail]

Download: Michigan-2017-HB5022-Introduced.html

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HOUSE BILL No. 5022

 

 

September 27, 2017, Introduced by Rep. Kosowski and referred to the Committee on Families, Children, and Seniors.

 

     A bill to amend 1939 PA 288, entitled

 

"Probate code of 1939,"

 

by amending sections 22, 27a, 27b, and 68 of chapter X (MCL 710.22,

 

710.27a, 710.27b, and 710.68), section 22 as amended by 2004 PA

 

487, sections 27a and 68 as amended by 2012 PA 385, and section 27b

 

as added by 1994 PA 208.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER X

 

     Sec. 22. As used in this chapter:

 

     (a) "Adoptee" means the individual who is to be adopted,

 

regardless of whether the individual is a child or an adult.

 

     (b) "Adoption attorney" means an attorney acting as counsel in

 

an adoption proceeding or case.

 

     (c) "Adult former sibling" means an individual who is 18 years

of age or older and is related to an adult adoptee either

 

biologically or through adoption by at least 1 common parent,

 

regardless of whether the adult former sibling ever lived in the

 

same household as the adult adoptee.

 

     (d) "Agency placement" means a placement in which a child

 

placing agency, the department, or a court selects the adoptive

 

parent for the child and transfers physical custody of the child to

 

the prospective adoptive parent.

 

     (e) "Applicant" means an individual or individuals who desire

 

to adopt a child and who have submitted an adoption application to

 

a child placing agency.

 

     (f) "Attending practitioner" means a licensed physician or a

 

registered professional nurse certified as a nurse midwife by the

 

Michigan board of nursing.as that term is defined in section 17101

 

of the public health code, 1978 PA 368, MCL 333.17101.

 

     (g) "Best interests of the adoptee" or "best interests of the

 

child" means the sum total of the following factors to be

 

considered, evaluated, and determined by the court to be applied to

 

give the adoptee permanence at the earliest possible date:

 

     (i) The love, affection, and other emotional ties existing

 

between the adopting individual or individuals and the adoptee or,

 

in the case of a hearing under section 39 of this chapter, the

 

putative father and the adoptee.

 

     (ii) The capacity and disposition of the adopting individual

 

or individuals or, in the case of a hearing under section 39 of

 

this chapter, the putative father to give the adoptee love,

 

affection, and guidance, and to educate and create a milieu that

fosters the religion, racial identity, and culture of the adoptee.

 

     (iii) The capacity and disposition of the adopting individual

 

or individuals or, in the case of a hearing under section 39 of

 

this chapter, the putative father, to provide the adoptee with

 

food, clothing, education, permanence, medical care or other

 

remedial care recognized and permitted under the laws of this state

 

in place of medical care, and other material needs.

 

     (iv) The length of time the adoptee has lived in a stable,

 

satisfactory environment, and the desirability of maintaining

 

continuity.

 

     (v) The permanence as a family unit of the proposed adoptive

 

home, or, in the case of a hearing under section 39 of this

 

chapter, the home of the putative father.

 

     (vi) The moral fitness of the adopting individual or

 

individuals or, in the case of a hearing under section 39 of this

 

chapter, of the putative father.

 

     (vii) The mental and physical health of the adopting

 

individual or individuals or, in the case of a hearing under

 

section 39 of this chapter, of the putative father, and of the

 

adoptee.

 

     (viii) The home, school, and community record of the adoptee.

 

     (ix) The reasonable preference of the adoptee, if the adoptee

 

is 14 years of age or less and if the court considers the adoptee

 

to be of sufficient age to express a preference.

 

     (x) The ability and willingness of the adopting individual or

 

individuals to adopt the adoptee's siblings.

 

     (xi) Any other factor considered by the court to be relevant

to a particular adoption proceeding, or to a putative father's

 

request for child custody.

 

     (h) "Born out of wedlock" means a child conceived and born to

 

a woman who was not married from the conception to the date of

 

birth of the child, or a child whom the court has determined to be

 

a child born during a marriage but not the issue of that marriage.

 

     (i) "Central adoption registry" means the registry established

 

by the department under section 27b of this chapter to control the

 

release of identifying adoption information.

 

     (j) "Child" means an individual less than 18 years of age.

 

     (k) "Child placing agency" means a private organization

 

licensed under 1973 PA 116, MCL 722.111 to 722.128, to place

 

children for adoption.

 

     (l) "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.

 

     (m) "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.

 

     (n) "Department" means the family independence

 

agency.department of health and human services.

 

     (o) "Direct placement" means a placement in which a parent or

 

guardian selects an adoptive parent for a child, other than a

 

stepparent or an individual related to the child within the fifth

 

degree by marriage, blood, or adoption, and transfers physical

 

custody of the child to the prospective adoptive parent.

 

     (p) "Formal placement" means a placement that is approved by

the court under section 51 of this chapter.

 

     (q) "Former grandparent" means a parent whose parental rights

 

to a deceased biological parent of the adoptee were not terminated

 

under section 51 of this chapter or section 19b of chapter XIIA.

 

     (r) (q) "Person" means an individual, partnership,

 

corporation, association, governmental entity, or other legal

 

entity.

 

     (s) (r) "Petitioner", except as used in section 68b of this

 

chapter, means the individual or individuals who file an adoption

 

petition with the court.

 

     (t) (s) "Placement" or "to place" means selection of an

 

adoptive parent for a child and transfer of physical custody of the

 

child to a prospective adoptive parent according to this chapter.

 

     (u) (t) "Relative" means an individual who is related to the

 

child within the fifth degree by marriage, blood, or adoption.

 

     (v) (u) "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.

 

     (w) (v) "Rescission petition" means a petition filed by an

 

adult adoptee and his or her parent whose rights have been

 

terminated to rescind the adoption in which a stepparent acquired

 

parental rights and to restore parental rights of that parent

 

according to section 66 of this chapter.

 

     (x) (w) "Suitable to be a parent of an adoptee" means a

 

conclusion that there is no specific concern with respect to an

 

individual that would suggest that placement of any child, or a

 

particular child, in the home of the individual would pose a risk

of harm to the physical or psychological well-being of the child.

 

     (y) (x) "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.

 

     (z) (y) "Within the fifth degree by marriage, blood, or

 

adoption" means any of the following relationships: parent, step-

 

parent, grandparent, step-grandparent, brother, step-brother,

 

sister, step-sister, uncle, step-uncle, aunt, step-aunt, first

 

cousin, step-first cousin, great aunt, step-great aunt, great

 

uncle, step-great uncle, great grandparent, step-great grandparent,

 

first cousin once removed, step-first cousin once removed, great

 

great grandparent, step-great great grandparent, great great uncle,

 

step-great great uncle, great great aunt, step-great great aunt,

 

great great great grandparent, or step-great great great

 

grandparent.

 

     Sec. 27a. (1) A former parent, including a former parent whose

 

parental rights were terminated under chapter XII, of this act, may

 

file with the central adoption registry a statement consenting to

 

or denying the release of the identifying information about that

 

parent specified in section 27(3)(b) and (c) of this chapter. The

 

consent or denial may be filed, updated, or revoked at any time.

 

     (2) An adult former sibling or a former grandparent may file a

 

statement with the central adoption registry providing notice that

 

a former parent is deceased. A copy of the former parent's death

 

certificate or other evidence of the former parent's death shall

 

must be attached to the statement.

 

     (3) An adult former sibling or a former grandparent who knows

the birth name of an adoptee may file with the central adoption

 

registry a statement consenting to the release of the adult former

 

sibling's or former grandparent's name and address to the adult

 

adoptee. The statement may be filed, updated, or revoked at any

 

time.

 

     (4) At the time of termination of parental rights under this

 

chapter or chapter XIIA, the court shall inform each parent of the

 

provisions described in this section and sections 27b, 68, 68a, and

 

68b of this chapter. The court shall inform each parent that the

 

parent's consent to the release of identifying information about

 

that parent specified in section 27(3)(b) and (c) of this chapter

 

shall be presumed unless the parent files a statement with the

 

central adoption registry denying the release of the information

 

about that parent. The court shall explain the parent's right to

 

file, update, or revoke the denial at any time, and shall provide

 

each parent with the forms prescribed under section 27b of this

 

chapter.

 

     Sec. 27b. (1) The department shall establish and maintain a

 

central adoption registry to control the release of identifying

 

information described in section 27(3) of this chapter.

 

     (2) The central adoption registry shall keep on file the

 

statements of former parents consenting to or denying the release

 

of identifying information and the statements of adult former

 

siblings or former grandparents described in section 27a(2) and (3)

 

of this chapter.

 

     (3) The department shall develop forms for former parents to

 

use to consent to, deny, or revoke a consent to or denial of, the

release of identifying information and forms for adult former

 

siblings or former grandparents to use to provide notice of the

 

death of a former parent and to consent to the release of the adult

 

former sibling's or former grandparent's name and address to an

 

adult adoptee. The department shall make the forms available to

 

child placing agencies and the court. The forms shall include the

 

current name and address of the former parent, or adult former

 

sibling, or former grandparent. The denial form shall contain a

 

space for the former parent to indicate, if he or she wishes, the

 

reason why he or she does not wish to be identified or contacted.

 

The department shall also develop and distribute clearance request

 

and reply forms to be used by child placing agencies, the

 

department, and the court to request and receive information from

 

the central adoption registry pursuant to under section 68(5) and

 

(8) of this chapter.

 

     (4) Upon receipt of a clearance request form from a child

 

placing agency or the department or court pursuant to under section

 

68(5) of this chapter, the central adoption registry shall transmit

 

to the requester a clearance reply form indicating whether a

 

particular former parent has filed with the registry a statement

 

either denying or consenting to the release of identifying

 

information or whether a former parent is deceased. The central

 

adoption registry shall attach a copy of the statement consenting

 

to or denying the release of identifying information. Once a

 

request for information has been received by the central adoption

 

registry, a subsequent statement submitted by a former parent

 

consenting to the release of identifying information or revoking a

previous denial of release of identifying information shall be

 

transmitted to the person who requested the information.

 

     (5) Upon receipt of a clearance request form from a child

 

placing agency or the department or court pursuant to under section

 

68(8) of this chapter, the central adoption registry shall transmit

 

to the requester a statement from an adult former sibling or former

 

grandparent consenting to the release of the adult former sibling's

 

or former grandparent's name and address to an adult adoptee. Once

 

a request for information has been received by the central adoption

 

registry, a subsequent statement submitted by an adult former

 

sibling or former grandparent consenting to the release of the

 

adult former sibling's or former grandparent's name and address

 

shall be transmitted to the person who requested the information.

 

     Sec. 68. (1) Within 63 days after a request for nonidentifying

 

information is received, a child placing agency, a court, or the

 

department shall provide in writing to the adoptive parent, adult

 

adoptee, former parent, or adult former sibling, or former

 

grandparent requesting the information all of the nonidentifying

 

information described in section 27(1) and (2) of this chapter.

 

     (2) Within 63 days after a request for identifying information

 

about an adult adoptee is received, a child placing agency or court

 

or the department shall provide in writing to the former parent, or

 

adult former sibling, or former grandparent requesting the

 

information the adult adoptee's most recent name and address if the

 

adult adoptee has given written consent to release of the

 

information pursuant to under this chapter. If the adult adoptee

 

has not given written consent to the release of information, the

child placing agency, the court, or the department shall, upon

 

presentation of a certified copy of the order of appointment, give

 

the adult adoptee's name and address to a confidential intermediary

 

appointed under section 68b of this chapter, together with any

 

other information in its possession that would help the

 

confidential intermediary locate the adult adoptee. At the option

 

of the child placing agency or the department, the information may

 

be released to the court for release to the confidential

 

intermediary.

 

     (3) If the department or a child placing agency receives a

 

request for adoption record information in its possession from an

 

adult adoptee, former parent, or adult former sibling, or former

 

grandparent, the department or child placing agency shall provide

 

the individual requesting the information with the identity of the

 

court that confirmed the adoption within 28 days after receipt of

 

the request. If a court receives such a request described in this

 

subsection, the court shall provide the individual requesting the

 

information with the identity of the child placing agency that

 

handled the adoption.

 

     (4) If the court that terminated parental rights receives from

 

the former parents, or adult former siblings, or former

 

grandparents of the adult adoptee a request for the identity of the

 

agency, court, or department to which the child was committed, the

 

court shall provide in writing the name of that agency, court, or

 

department, if known, within 28 days after receipt of the request.

 

     (5) Upon receipt of a written request for identifying

 

information from an adult adoptee, a child placing agency, a court,

or the department, if it maintains the adoption file for that

 

adoptee, shall submit a clearance request form to the central

 

adoption registry. Within 28 days after receipt of a clearance

 

reply form from the central adoption registry, the child placing

 

agency, court, or department shall notify the adoptee in writing of

 

the identifying information to which the adoptee is entitled under

 

subsection (6) or (7), or, if the identifying information cannot be

 

released under those subsections, the reason why the information

 

cannot be released. The child placing agency, court, or department

 

shall retain a copy of the notice sent to the adult adoptee.

 

     (6) For adoptions in which the former parents' rights were

 

terminated on or after May 28, 1945 and before September 12, 1980,

 

a child placing agency, a court, or the department shall release to

 

an adult adoptee or to a confidential intermediary appointed under

 

section 68b of this chapter the identifying information described

 

in section 27(3) of this chapter and other identifying information

 

on file with the central adoption registry as specified in section

 

27b of this chapter, in the following manner:

 

     (a) All of the identifying information described in section

 

27(3) of this chapter shall be released to the adult adoptee, if

 

both former parents have on file with the central adoption registry

 

a statement consenting to release of the identifying information.

 

     (b) The identifying information described in section 27(3)(b)

 

and (c) of this chapter about 1 of the former parents and the

 

identifying information described in section 27(3)(a) and (d) of

 

this chapter shall be released to the adult adoptee if that former

 

parent has on file with the central adoption registry a statement

consenting to release of identifying information.

 

     (c) The identifying information described in section 27(3)(b)

 

and (c) of this chapter about 1 of the former parents and the

 

identifying information described in section 27(3)(a) and (d) of

 

this chapter shall be released to the adult adoptee if that parent

 

is deceased.

 

     (d) All of the identifying information described in section

 

27(3) of this chapter on both former parents shall be released to

 

the adult adoptee, if both former parents are deceased.

 

     (e) Upon presentation of a certified copy of the order of

 

appointment, all of the identifying information described in

 

section 27(3) of this chapter shall be released to a confidential

 

intermediary appointed under section 68b of this chapter, together

 

with additional information to assist the confidential intermediary

 

to locate former family members. At the option of the agency or the

 

department, the information may be released to the court for

 

release to the confidential intermediary.

 

     (7) For all adoptions in which the former parents' rights were

 

terminated before May 28, 1945 or on or after September 12, 1980, a

 

child placing agency, a court, or the department shall release to

 

an adult adoptee the identifying information described in section

 

27(3) of this chapter and any additional information on file with

 

the central adoption registry as specified in section 27b of this

 

chapter, except that if a former parent has filed a statement

 

currently in effect with the central adoption registry denying

 

consent to have identifying information released, the identifying

 

information specified in section 27(3)(b) and (c) of this chapter

shall not be released about that parent. For purposes of this

 

subsection, a denial of consent is not effective after the death of

 

the former parent. This subsection does not apply to adoptions in

 

which the former parents' rights were terminated under chapter XII

 

of this act unless the former parent has filed a statement with the

 

central adoption registry consenting to the release of identifying

 

information.

 

     (8) Upon receipt of a written request from an adult adoptee

 

for the name and address of an adult former sibling, a child

 

placing agency, a court, or the department, if it maintains the

 

adoption file for that adoptee, shall submit a clearance request

 

form to the central adoption registry. Within 28 days after receipt

 

of a clearance reply form from the central adoption registry, the

 

child placing agency, court, or department shall notify the adoptee

 

in writing of the name and address of an adult former sibling whose

 

statement was forwarded by the central adoption registry.

 

     (9) If a child placing agency or court or the department

 

requests information from the central adoption registry and if the

 

clearance reply form from the central adoption registry indicates

 

that neither of the former parents has on file with the central

 

adoption registry a statement currently in effect denying consent

 

to have identifying information released, the child placing agency,

 

court, or department shall deliver to the adult adoptee a copy of

 

the clearance reply form it received from the central adoption

 

registry. The clearance reply form may be used by the adult adoptee

 

to obtain a copy of his or her original certificate of live birth

 

under section 2882 of the public health code, 1978 PA 368, MCL

333.2882. Except for adoptions in which the former parents'

 

parental rights were terminated under chapter XII, of this act,

 

this subsection applies to all adoptions in which the parents'

 

rights were terminated before May 28, 1945 or on or after September

 

12, 1980.

 

     (10) If a child placing agency, a court, or the department

 

receives written information concerning a physician-verified

 

medical or genetic condition of an individual biologically related

 

to an adoptee and a request that the information be transmitted to

 

the adoptee because of the serious threat it poses to the adoptee's

 

life, the child placing agency, court, or department shall send a

 

written copy of the information by first-class mail within 7 days

 

after the request is received to the adoptee at his or her last

 

known address. If the adoptee is less than 18 years of age, the

 

information shall be sent by first-class mail within 7 days after

 

the request is received to the adoptive parents at their last known

 

address.

 

     (11) If the information described in subsection (10) is

 

returned undelivered, the agency, court, or department shall make a

 

reasonable effort to find the most recent address of the adoptee or

 

minor adoptee's parents and shall again send the information by

 

first-class mail within 21 days after receiving the returned

 

letter.

 

     (12) If a child placing agency, a court, or the department

 

receives written information concerning a physician-verified

 

medical or genetic condition of a person biologically related to an

 

adoptee, and the condition is not life-threatening to the adoptee,

the child placing agency, court, or department shall place the

 

information in its adoption files. If the child placing agency,

 

court, or department receives a written request for the information

 

from the adult adoptee or minor adoptee's adoptive parents, it

 

shall release a written copy of the information to the adult

 

adoptee or to the minor adoptee's adoptive parents within 63 days

 

after the request for the information was made.

 

     (13) If a child placing agency, a court, or the department

 

receives written information concerning a physician-verified

 

medical or genetic condition that threatens the life of an adoptee

 

and for which a biologically related person could give life-saving

 

aid, and receives a request from or on behalf of the adoptee that

 

the information be transmitted, the child placing agency, court, or

 

department shall send a written copy of the information by first-

 

class mail within 7 days after the request is received to the

 

biological parents, or adult biological siblings, or adult

 

biological grandparents of the adoptee at their last known address.

 

     (14) If the information described in subsection (13) is

 

returned undelivered, the agency, court, or department shall make a

 

reasonable effort to find the most recent address of the biological

 

parents, or adult biological siblings, or biological grandparents

 

and shall again send the information by first-class mail within 21

 

days after receiving the returned letter.

 

     (15) If a child placing agency, a court, or the department

 

provides an adoptee with the name of 1 of the adoptee's former

 

parents, that child placing agency, court, or department shall

 

notify the department of community health of that fact. Upon

receipt of notification by the child placing agency , or the court,

 

or department, by interdepartmental notification, the department of

 

community health shall insure ensure that the original birth

 

certificate on file for the adoptee has been sealed and that a new

 

birth certificate has been prepared in conformance with section 67

 

of this chapter.

 

     (16) An employee or agent of a child placing agency, a court,

 

or the department, who intentionally releases identifying

 

information in violation of this section, is guilty of a

 

misdemeanor.

 

     (17) This section also applies to a stepparent adoption and to

 

the adoption of a child related to the petitioner within the fifth

 

degree by marriage, blood, or adoption.

 

     (18) As used in this section, "adult adoptee" means an

 

individual who was adopted as a child who is now 18 years of age or

 

older or an individual who was 18 years of age or older at the time

 

of adoption.

 

     (19) A child placing agency, a court, and the department may

 

require a fee for supplying information under this section. The fee

 

shall be $60.00 or the actual cost of supplying the information,

 

whichever is less. The child placing agency, court, or department

 

may waive a part or all of the fee in case of indigency or

 

hardship.

 

     (20) A direct descendant of a deceased adult adoptee may

 

request information under this section. All information to which an

 

adult adoptee is entitled under this section shall be released to

 

the adult adoptee's direct descendants if the adult adoptee is

deceased.

 

     (21) A child placing agency, a court or the department shall

 

permit the children's ombudsman to inspect adoption records in its

 

possession in connection with an investigation authorized under the

 

children's ombudsman act, 1994 PA 204, MCL 722.921 to 722.935.

 

722.932. The ombudsman shall not disclose information obtained by

 

an inspection under this section. If the children's ombudsman

 

requires further information from an individual whose identity is

 

protected in closed adoption records, the ombudsman shall contact

 

the individual discreetly and confidentially. The ombudsman shall

 

inform the individual that his or her participation in the

 

investigation is confidential, is strictly voluntary, and will not

 

alter or constitute a challenge to the adoption. The ombudsman

 

shall honor the individual's request not to be contacted further.

 

As used in this subsection, "children's ombudsman" or "ombudsman"

 

means the ombudsman appointed under section 3 of the children's

 

ombudsman act, 1994 PA 204, MCL 722.923, or his or her designee.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.