Bill Summary – FastDemocracy

HOUSE BILL NO. 4529
     May 09, 2023, Introduced by Reps. Outman, McFall, MacDonell, Martus, Coleman, Liberati,
       Bezotte, Wozniak and Bierlein and referred to the Committee on Families, Children and
       Seniors.
          A bill to amend 1939 PA 288, entitled
    "Probate code of 1939,"
    by amending section 68 of chapter X (MCL 710.68), as amended by
PA 385.
                    THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
                                        CHAPTER X
       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
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 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
 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 the child
 placing 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 child placing agency, court, or
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 department to which the child was committed, the court shall
 provide in writing the name of that child placing 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 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,
 any adoption, a child placing agency, a court, or the department
 shall must 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)
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 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 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 child placing
 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
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 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
 under section 2882 of the public health code, 1978 PA 368, MCL
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 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 child placing 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,
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 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 child placing 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 community health and human services of
 that fact. Upon receipt of notification by the child placing
 agency, court, or department, the department of community health
 shall insure ensure that the original birth certificate on file for
 the adoptee has been sealed and that a new birth certificate has
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 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 under this section. All information to which an
 adult adoptee is entitled 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, 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
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 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 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 under section 3 of the children's ombudsman
 act, 1994 PA 204, MCL 722.923, or his or her designee.
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Statutes affected: 
House Introduced Bill: 710.68