SENATE BILL No. 1411

October 3, 2000, Introduced by Senators HART and EMERSON and referred to the Committee

on Families, Mental Health and Human Services.

A bill to amend 1939 PA 288, entitled

"Probate code of 1939,"

by amending sections 67 and 68 of chapter X (MCL 710.67 and

710.68), as amended by 1994 PA 373.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 CHAPTER X

2 Sec. 67. (1) Except as otherwise provided in subsection (4)

3 or in section 68 of this chapter, records of proceedings in adop-

4 tion cases, including a notice filed under section 33(1) of this

5 chapter, and a petition filed under section 34(1) of this chap-

6 ter, and the papers and books relating to the proceedings shall

7 be kept in separate locked files and shall not be open to inspec-

8 tion or copy except upon order of a court of record for good

9 cause shown expressly permitting inspection or copy. Except as

10 otherwise provided in subsection (4) or in section 68 of this

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1 chapter, the court, after 21 days following entry of the final

2 order of adoption, shall not permit copy or inspection of the

3 adoption proceedings, except upon a sworn petition setting forth

4 the purpose of the inspection or copy. The court may order

5 notice and a hearing on the petition. The court shall grant or

6 deny the petition in writing within 63 days after the petition is

7 filed, except that for good cause the court may grant or deny the

8 petition after the 63-day period but not later than 182 days

9 after the petition is filed.

10 (2) A person in charge of adoption records shall not dis-

11 close the names of the biological or adoptive parents of an

12 adopted person, unless ordered to do so by a court of record or

13 as provided in subsection (4) or in section 68 of this chapter,

14 except to meet requirements of the director of public COMMUNITY

15 health for the purpose of creating a new certificate of birth in

16 the adoptive name and sealing the original certificate of birth.

17 (3) The UNLESS THE STATE REGISTRAR WAS REQUESTED TO NOT

18 ESTABLISH A NEW BIRTH CERTIFICATE UNDER SECTION 2831 OF THE

19 PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.2831, THE director of

20 public COMMUNITY health shall furnish to the adopting parent or

21 parents a certified copy of the new birth certificate that shall

22 not disclose the adoption of the person. A birth certificate

23 issued to an adopted person shall not refer to adoption and shall

24 conform as nearly as possible to the appearance of birth certifi-

25 cates issued in other cases.

26 (4) After an order of adoption has been entered under

27 section 56 OF THIS CHAPTER, the court shall permit the children's

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1 ombudsman to inspect closed adoption records in connection with

2 an investigation authorized under the children's ombudsman act,

3 Act No. 204 of the Public Acts of 1994, being sections 722.921

4 to 722.935 of the Michigan Compiled Laws 1994 PA 204, MCL

5 722.921 TO 722.935. The ombudsman shall not disclose information

6 obtained by an inspection under this subsection. If the

7 children's ombudsman requires further information from an indi-

8 vidual whose identity is protected in closed adoption records,

9 the ombudsman shall contact the individual discreetly and

10 confidentially. The ombudsman shall inform the individual that

11 his or her participation in the ombudsman's investigation is con-

12 fidential, is strictly voluntary, and will not alter or consti-

13 tute a challenge to the adoption. The ombudsman shall honor the

14 individual's request not to be contacted further. As used in

15 this subsection, "children's ombudsman" or "ombudsman" means the

16 ombudsman appointed pursuant to UNDER section 3 of Act No. 204

17 of the Public Acts of 1994, being section 722.923 of the Michigan

18 Compiled Laws THE CHILDREN'S OMBUDSMAN ACT, 1994 PA 204, MCL

19 722.923, or his or her designee.

20 Sec. 68. (1) Within 63 days after a request for nonidenti-

21 fying information is received, a child placing agency, a court,

22 or the department shall provide in writing to the adoptive

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

24 requesting the information all of the nonidentifying information

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

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

27 information about an adult adoptee is received, a child placing

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1 agency or court or the department shall provide in writing to the

2 former parent or adult former sibling requesting the information

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

4 adoptee has given written consent to release of the information

5 pursuant to AS PROVIDED IN this chapter. If the adult adoptee

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

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

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

9 give the adult adoptee's name and address to a confidential

10 intermediary appointed pursuant to UNDER section 68b of this

11 chapter, together with any other information in its possession

12 that would help the confidential intermediary locate the adult

13 adoptee. At the option of agency or the department, the informa-

14 tion may be released to the court for release to the confidential

15 intermediary.

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

17 request for adoption record information in its possession from an

18 adult adoptee, former parent, or adult former sibling, the

19 department or child placing agency shall provide the individual

20 requesting the information with the identity of the court that

21 confirmed the adoption within 28 days after receipt of the

22 request. If a court receives such a request, the court shall

23 provide the individual requesting the information with the iden-

24 tity of the child placing agency that handled the adoption.

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

26 from the former parents or adult former siblings of the adult

27 adoptee a request for the identity of the agency, court, or

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1 department to which the child was committed, the court shall

2 provide in writing the name of that agency, court, or department,

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

4 (5) Upon receipt of a written request for identifying infor-

5 mation from an adult adoptee, a child placing agency, a court, or

6 the department, if it maintains the adoption file for that adopt-

7 ee, shall submit a clearance request form to the central adoption

8 registry. Within 28 days after receipt of a clearance reply form

9 from the central adoption registry, the child placing agency,

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

11 identifying information to which the adoptee is entitled under

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

13 be released pursuant to UNDER those subsections, the reason why

14 the information cannot be released. The child placing agency,

15 court, or department shall retain a copy of the notice sent to

16 the adult adoptee.

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

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

19 1980, a child placing agency, a court, or the department shall

20 release to an adult adoptee or to a confidential intermediary

21 appointed under section 68b of this chapter the identifying

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

23 identifying information on file with the central adoption regis-

24 try as specified in section 27b of this chapter, in the following

25 manner:

26 (a) All of the identifying information described in

27 section 27(3) of this chapter shall be released to the adult

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1 adoptee , if both former parents have on file with the central

2 adoption registry a statement consenting to release of the iden-

3 tifying information.

4 (b) The identifying information described in

5 section 27(3)(b) and (c) of this chapter about 1 of the former

6 parents and the identifying information described in

7 section 27(3)(a) and (d) of this chapter shall be released to the

8 adult adoptee if that former parent has on file with the central

9 adoption registry a statement consenting to release of identify-

10 ing information.

11 (c) The identifying information described in

12 section 27(3)(b) and (c) of this chapter about 1 of the former

13 parents and the identifying information described in

14 section 27(3)(a) and (d) of this chapter shall be released to the

15 adult adoptee if that parent is deceased.

16 (d) All of the identifying information described in

17 section 27(3) of this chapter on both former parents shall be

18 released to the adult adoptee, if both former parents are

19 deceased.

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

21 appointment, all of the identifying information described in

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

23 intermediary appointed pursuant to UNDER section 68b of this

24 chapter, together with additional information to assist the con-

25 fidential intermediary to locate former family members. At the

26 option of the agency or the department, the information may be

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1 released to the court for release to the confidential

2 intermediary.

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

4 were terminated before May 28, 1945 or on or after September 12,

5 1980, a child placing agency, a court, or the department shall

6 release to an adult adoptee the identifying information described

7 in section 27(3) of this chapter and any additional information

8 on file with the central adoption registry as specified in sec-

9 tion 27b of this chapter, except that if a former parent has

10 filed a statement currently in effect with the central adoption

11 registry denying consent to have identifying information

12 released, the identifying information specified in

13 section 27(3)(b) and (c) of this chapter shall not be released

14 about that parent. For purposes of this subsection, a denial of

15 consent is not effective after the death of the former parent.

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

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

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

19 adoption file for that adoptee, shall submit a clearance request

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

21 receipt of a clearance reply form from the central adoption reg-

22 istry, the child placing agency, court, or department shall

23 notify the adoptee in writing of the name and address of an adult

24 former sibling whose statement was forwarded by the central adop-

25 tion registry.

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

27 requests information from the central adoption registry and if

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1 the clearance reply form from the central adoption registry

2 indicates that neither of the former parents has on file with the

3 central adoption registry a statement currently in effect denying

4 consent to have identifying information released, the child plac-

5 ing agency, court, or department shall deliver to the adult

6 adoptee a copy of the clearance reply form it received from the

7 central adoption registry. The clearance reply form may be used

8 by the adult adoptee to obtain a copy of his or her original cer-

9 tificate of live birth pursuant to UNDER section 2882 of the

10 public health code, Act No. 368 of the Public Acts of 1978,

11 being section 333.2882 of the Michigan Compiled Laws 1978 PA

12 368, MCL 333.2882. This subsection applies to all adoptions in

13 which the parents' rights were terminated before May 28, 1945 or

14 on or after September 12, 1980.

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

16 receives written information concerning a physician-verified med-

17 ical or genetic condition of an individual biologically related

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

19 to the adoptee because of the serious threat it poses to the

20 adoptee's life, the child placing agency, court, or department

21 shall send a written copy of the information by first-class mail

22 within 7 days after the request is received to the adoptee at his

23 or her last known address. If the adoptee is less than 18 years

24 of age, the information shall be sent by first-class mail within

25 7 days after the request is received to the adoptive parents at

26 their last known address.

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

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

3 a reasonable effort to find the most recent address of the

4 adoptee or minor adoptee's parents and shall again send the

5 information by first-class mail within 21 days after receiving

6 the returned letter.

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

8 receives written information concerning a physician-verified med-

9 ical or genetic condition of a person biologically related to an

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

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

12 the information in its adoption files. If the child placing

13 agency, court, or department receives a written request for the

14 information from the adult adoptee or minor adoptee's adoptive

15 parents, it shall release a written copy of the information to

16 the adult adoptee or to the minor adoptee's adoptive parents

17 within 63 days after the request for the information was made.

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

19 receives written information concerning a physician-verified med-

20 ical or genetic condition that threatens the life of an adoptee

21 and for which a biologically related person could give

22 life-saving aid, and receives a request from or on behalf of the

23 adoptee that the information be transmitted, the child placing

24 agency, court, or department shall send a written copy of the

25 information by first-class mail within 7 days after the request

26 is received to the biological parents or adult biological

27 siblings of the adoptee at their last known address.

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

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

3 a reasonable effort to find the most recent address of the bio-

4 logical parents or adult biological siblings and shall again send

5 the information by first-class mail within 21 days after receiv-

6 ing the returned letter.

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

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

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

10 notify the department of public COMMUNITY health of that fact.

11 Upon receipt of notification by the child placing agency, court,

12 or department, the department of public COMMUNITY health shall

13 insure that the original birth certificate on file for the

14 adoptee has been sealed and that a new birth certificate has been

15 prepared in conformance with section 67 of this chapter, UNLESS

16 THE STATE REGISTRAR WAS REQUESTED TO NOT ESTABLISH A NEW BIRTH

17 CERTIFICATE UNDER SECTION 2831 OF THE PUBLIC HEALTH CODE, 1978 PA

18 368, MCL 333.2831.

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

20 court, or the department, who intentionally releases identifying

21 information in violation of this section, is guilty of a

22 misdemeanor.

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

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

25 fifth degree by marriage, blood, or adoption.

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

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

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

2 time of adoption.

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

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

5 fee shall be $60.00 or the actual cost of supplying the informa-

6 tion, whichever is less. The child placing agency, court, or

7 department may waive a part or all of the fee in case of indi-

8 gency or hardship.

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

10 request information pursuant to UNDER this section. All infor-

11 mation to which an adult adoptee is entitled pursuant to UNDER

12 this section shall be released to the adult adoptee's direct

13 descendants if the adult adoptee is deceased.

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

15 shall permit the children's ombudsman to inspect adoption records

16 in its possession in connection with an investigation authorized

17 under the children's ombudsman act, Act No. 204 of the Public

18 Acts of 1994, being sections 722.921 to 722.935 of the Michigan

19 Compiled Laws 1994 PA 204, MCL 722.921 TO 722.935. The ombuds-

20 man shall not disclose information obtained by an inspection

21 under this section. If the children's ombudsman requires further

22 information from an individual whose identity is protected in

23 closed adoption records, the ombudsman shall contact the individ-

24 ual discreetly and confidentially. The ombudsman shall inform

25 the individual that his or her participation in the ombudsman's

26 investigation is confidential, is strictly voluntary, and will

27 not alter or constitute a challenge to the adoption. The

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1 ombudsman shall honor the individual's request not to be

2 contacted further. As used in this subsection, "children's

3 ombudsman" or "ombudsman" means the ombudsman appointed pursuant

4 to UNDER section 3 of Act No. 204 of the Public Acts of 1994,

5 being section 722.923 of the Michigan Compiled Laws THE

6 CHILDREN'S OMBUDSMAN ACT, 1994 PA 204, MCL 722.923, or his or her

7 designee.

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