HB-6287, As Passed House, September 10, 2008
June 26, 2008, Introduced by Rep. Wojno and referred to the Committee on Families and Children's Services.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending sections 27b and 68 of chapter X (MCL 710.27b and
710.68), section 27b as added by 1994 PA 208 and section 68 as
amended by 1994 PA 373.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER X
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 and the
contact preference form described in subsection (6).
(2) The central adoption registry shall keep on file the
statements of former parents consenting to or denying the release
of identifying information, the contact preference forms described
in subsection (6), and the statements of adult former siblings
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, contact preference forms
described in subsection (6), and forms for adult former siblings to
use to provide notice of the death of a former parent and to
consent to the release of the adult former sibling'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. 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) (7) of this
chapter.
(4) Upon receipt of a clearance request form from a child
placing
agency or the department or court pursuant according to
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 a contact preference form 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 and the contact preference form. 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 or a revised contact preference
form 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)
68(7) of this chapter, the central adoption registry shall
transmit to the requester a statement from an adult former sibling
consenting to the release of the adult former sibling's name and
address to an adult adoptee. Once a request for information has
been received by the central adoption registry, a subsequent
statement or revised contact preference form submitted by an adult
former sibling consenting to the release of the adult former
sibling's name and address shall be transmitted to the person who
requested the information.
(6) At any time, a former parent of an adopted individual who
was born in this state may submit to the central adoption registry
a contact preference form. Upon receipt of a contact preference
form from a former parent under this subsection, the central
adoption registry shall match the contact preference form with the
adopted individual's central adoption registry record if there is
such a record on file and shall file the contact preference form
with the record. If there is no central adoption registry record on
file for the individual, the contact preference form shall be
maintained by the central adoption registry in the same manner as a
central adoption registry record. A contact preference form that
has been submitted by a former parent to the central adoption
registry under this subsection is confidential and shall be placed
in the adopted individual's central adoption registry record until
issued as provided in this subsection. If a clearance reply form
regarding an adopted individual is issued under this section, the
central adoption registry shall also issue to the adopted
individual a copy of the contact preference forms in the file at
the time of issuance. If a former parent has submitted a contact
preference form that has the preference described in subdivision
(d) selected, the central adoption registry shall issue to the
adopted individual a copy of the contact preference form in the
file at the time of issuance with any personal identifying
information of the former parent redacted from the form. The
department shall prescribe the contact preference form, which shall
include the following information to be completed at the option of
the former parent:
(a) I would like to be contacted.
(b) I would prefer to be contacted only through a confidential
intermediary as provided in section 68b of chapter X of the probate
code of 1939, MCL 710.68.
(c) I prefer not to be contacted at this time. However, I have
completed an updated medical history as part of this contact
preference form that may be released to the adopted individual
House Bill No. 6287 as amended September 10, 2008
along with the certified copy of the original certificate of live
birth. [I UNDERSTAND THAT THE CERTIFIED COPY OF THE ORIGINAL CERTIFICATE
OF LIVE BIRTH WILL INCLUDE THE PARENT'S NAME(S).]
(d) I prefer not to be contacted at this time and request that
a certified copy of the original certificate of live birth not be
released to the adopted individual. However, I have completed an
updated medical history as part of this contact preference form
that may be released to the adopted individual.
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 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
a
court, or the department shall provide in writing to the former
parent or adult former sibling 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
pursuant
to 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 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, 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, 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 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
pursuant to those subsections under
that subsection, 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 pursuant to 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.
(6) (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.
(7) (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.
(8) (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
pursuant
to under section 2882 of the public health code, Act No.
368
of the Public Acts of 1978, being section 333.2882 of the
Michigan Compiled Laws 1978 PA 368, MCL 333.2882. This
subsection
applies
to all adoptions. in which the parents' rights were
terminated
before May 28, 1945 or on or after September 12, 1980.
(9) (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.
(10) (11)
If the information described in
subsection (10) (9)
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.
(11) (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.
(12) (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 of
the adoptee at their last known address.
(13) (14)
If the information described in
subsection (13) (12)
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 and shall again
send the information by first-class mail within 21 days after
receiving the returned letter.
(14) (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 public health of that fact. Upon
receipt of notification by the child placing agency, court, or
department, the department of public health shall insure 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.
(15) (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.
(16) (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.
(17) (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.
(18) (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.
(19) (20)
A direct descendant of a deceased
adult adoptee may
request
information pursuant to under
this section. All information
to
which an adult adoptee is entitled pursuant to under this
section shall be released to the adult adoptee's direct descendants
if the adult adoptee is deceased.
(20) (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, Act No. 204 of the Public Acts
of
1994, being sections 722.921 to 722.935 of the Michigan Compiled
Laws
1994 PA 204, MCL 722.921 to
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
House Bill No. 6287 as amended September 10, 2008
or her participation in the ombudsman's 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 pursuant to under
section 3 of Act No. 204 of
the
Public Acts of 1994, being section 722.923 of the Michigan
Compiled
Laws the children's ombudsman
act, 1994 PA 204, MCL
722.923, or his or her designee.
[Enacting section 1. This amendatory act does not take effect unless House Bill No. 4896 of the 94th Legislature is enacted into law.
Enacting section 2. This amendatory act takes effect 6 months after the date it is enacted into law.]