HB-5096, As Passed House, December 12, 2012HB-5096, As Passed Senate, December 12, 2012
October 18, 2011, Introduced by Reps. Price, Heise, Kowall, Denby, LaFontaine, Shaughnessy, Agema, Hooker, Daley, Horn, Hughes, Genetski, Haveman, Kurtz, Poleski, Shirkey and Liss 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 27a and 68 of chapter X (MCL 710.27a and
710.68), section 27a 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. 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). The consent or denial
may be filed, updated, or revoked at any time.
(2) An adult former sibling 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 be attached to the
statement.
(3) An adult former sibling 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 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 pursuant to
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. 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) 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.
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 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 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 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 pursuant to 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
pursuant
to 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. This 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 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 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 public community
health of that fact. Upon
receipt of notification by the child placing agency, court, or
department,
the department of public community
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.
(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 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.
(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 722.935. 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.