HOUSE BILL No. 6287

 

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

 


along with the certified copy of the original certificate of live

 

birth.

 

     (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

 


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.