September 29, 2005, Introduced by Reps. Vander Veen, Newell, Mortimer, Acciavatti, Emmons, Jones, Amos, Stahl and Wojno and referred to the Committee on Health Policy.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending section 23f of chapter X (MCL 710.23f), as amended by
1994 PA 373.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER X
Sec. 23f. (1) In a direct placement, an individual seeking to
adopt may request, at any time, that a preplacement assessment be
prepared by a child placing agency.
(2) An individual requesting a preplacement assessment does
not need not to have located a
prospective adoptee when the
request is made or when the assessment is completed.
(3)
An individual may have request more than 1 preplacement
assessment or may request that an assessment, once initiated, not
be completed.
(4) If an individual is seeking to adopt a child from a
particular child placing agency, the agency may require the
individual to be assessed by its own employee, even if the
individual has already had a favorable preplacement assessment
completed by another child placing agency.
(5)
A preplacement assessment shall be is based upon
personal interviews and visits at the residence of the individual
being assessed, interviews of others who know the individual, and
reports received under this subsection. The assessment shall
contain all of the following information about the individual being
assessed:
(a) Age, nationality, race or ethnicity, and any religious
preference.
(b) Marital and family status and history, including the
presence of other children or adults in the household and the
relationship of those individuals to the adoptive parent.
(c) Physical and mental health, including any history of
substance abuse.
(d) Educational and employment history and any special skills
and interests.
(e) Property and income, including outstanding financial
obligations as indicated in a current financial report provided by
the individual.
(f) Reason for wanting to adopt.
(g) Any previous request for an assessment or involvement in
an adoptive placement and the outcome of the assessment or
placement.
(h) Whether the individual has ever been the respondent in a
domestic violence proceeding or a proceeding concerning a child who
was allegedly abused, dependent, deprived, neglected, abandoned, or
delinquent, and the outcome of the proceeding.
(i) Whether the individual has ever been convicted of a crime.
(j) Whether the individual has located a parent interested in
placing a child with the individual for adoption and a brief
description of the parent and the child.
(k) Any fact or circumstance that raises a specific concern
about the suitability of the individual as an adoptive parent,
including the quality of the environment in the home, the
functioning of other children in the household, and any aspect of
the individual's familial, social, psychological, or financial
circumstances that may be relevant to a determination that the
individual is not suitable. A specific concern is one that suggests
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.
(6) A child placing agency shall request an individual seeking
a preplacement assessment to provide a document from the Michigan
state police and the federal bureau of investigation describing all
of the individual's criminal convictions as shown by that agency's
records, or stating that the agency's records indicate that the
individual has not been convicted of a crime. Upon request of the
individual and receipt of a signed authorization, the child placing
agency shall obtain the criminal record from the law enforcement
agency on the individual's behalf.
(7) A child placing agency shall request an individual seeking
a preplacement assessment to undergo a physical examination
conducted by a licensed physician or a certified nurse practitioner
to determine that the individual is free from any known condition
that would affect his or her ability to care for an adoptee. If an
individual has had a physical examination within the 12 months
immediately preceding his or her request for a preplacement
assessment, he or she may submit a medical statement that is signed
and dated by the licensed physician or certified nurse practitioner
verifying that he or she has had a physical examination within the
previous 12-month period and is free from any known condition that
would affect his or her ability to care for an adoptee.
(8) (7)
A preplacement assessment shall
contain a list of
the sources of information on which it is based. If the child
placing agency determines that the information assessed does not
raise a specific concern, the child placing agency shall find that
the individual is suited to be an adoptive parent. If the child
placing agency determines that the information assessed does raise
a specific concern, the child placing agency shall find that the
individual is not suitable to be an adoptive parent. The conclusion
shall be supported by a written account of how 1 or more specific
concerns pose a risk to the physical or psychological well-being of
any child or a particular child. If the conclusion of a
preplacement assessment regarding the suitability of the individual
differs from the conclusion in a prior assessment, the child
placing agency shall explain and justify the difference.
(9) (8)
An individual who receives a
preplacement assessment
with a conclusion of unsuitability may seek a review of the
assessment by the court after filing an adoption petition. The
court may order an agent or employee of the court to make an
investigation and report to the court before the hearing. If, at
the hearing, the court finds by clear and convincing evidence that
the conclusion of unsuitability is not justified, the person with
legal custody of the child may place the child with that
individual. If the court determines that the conclusion of
unsuitability is justified, it shall order that the child shall not
be placed with the individual.