HOUSE BILL No. 6085 September 16, 1998, Introduced by Reps. Bogardus, Gire, LaForge, Price and Brater and referred to the Committee on Human Services and Children. A bill to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to cer- tain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of cir- cuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family divi- sion of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties," by amending section 27 (MCL 710.27), as amended by 1994 PA 208. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 27. (1) Before A CHILD'S placementof a childfor 2 adoption, a parent or guardian, a child placing agency, the 3 department, or the court that places the child shall compile and 4 provide to the prospective adoptive parent a written document 04563'97 GWH 2 1 containing all of the following nonidentifying information that 2 is not made confidential by state or federal law and that is rea- 3 sonably obtainable from the CHILD'S parents, relatives, or 4 guardian;of the child;from any person who has had physical 5 custody of the child for 30 days or more; or from any person who 6 has provided health, psychological, educational, or other serv- 7 ices to the child: 8 (a)DateTHE CHILD'S DATE, time, and place of birthof9the childincluding the hospital, city, county, and state. 10 (b) An account of the CHILD'S health and genetic history, 11of the child,including an account of the child's prenatal 12 care; medical condition at birth; any drug or medication taken by 13 the child's mother during pregnancy; any subsequent medical, psy- 14 chological, psychiatric, or dental examination and diagnosis; any 15 psychological evaluation done when the child was under the juris- 16 diction of the court; any neglect or physical, sexual, or emo- 17 tional abuse suffered by the child; and a record of any immuniza- 18 tions and health care the child received while in foster or other 19 care. 20 (c) An account of the health and genetic history of the 21 child's biological parents and other members of the child's 22 family, including any known hereditary condition or disease; the 23 health of each parent at the child's birth; a summary of the 24 findings of any medical, psychological, or psychiatric evaluation 25 of each parent at the time of placement; and, if a parent is 26 deceased, the cause of and the age at death. 04563'97 3 1 (d) A description of the child and the child's family of 2 origin, including all of the following: 3 (i)GivenTHE CHILD'S GIVEN first nameof the childat 4 birth. 5 (ii) The age and sex of THE CHILD'S siblings.of the6child.7 (iii) The child's enrollment and performance in school, 8 results of educational testing, and any special educational 9 needs. 10 (iv) The child's racial, ethnic, and religious background, 11 and a general description of the child's parents, including the 12 age of the child's parents at the time of termination of parental 13 rights,and the length of time the parents had been married at 14 the time of placement. 15 (v) An account of the child's past and existing relationship 16 with any relative, foster parent, or other individual or facility 17 with whom the child has lived or visited on a regular basis. The 18 account shall not include INDIVIDUALS' names and addresses.of19individuals.20 (vi) The levels of educational, occupational, professional, 21 athletic, or artistic achievement of the child's family. 22 (vii) Hobbies, special interests, and school activities of 23 the child's family. 24 (viii) The circumstances of any judicial order terminating 25theA PARENT'S parental rightsof a parentfor abuse, 26 neglect, abandonment, or other mistreatment of the child, ALONG 04563'97 4 1 WITH THE PETITION THAT RESULTED IN THE CHILD'S REMOVAL FROM A 2 PARENT OR GUARDIAN. 3 (ix) Length of time between the termination of parental 4 rights and adoptive placement and whether the termination was 5 voluntary or court-ordered, ALONG WITH THE INITIAL AND ANY SUBSE- 6 QUENT CASE SERVICE PLANS PREPARED AS PROVIDED IN CHAPTER XIIA OF 7 1939 PA 288, MCL 712A.1 TO 712A.32. 8 (x) Any information necessary to determine the child's eli- 9 gibility for state or federal benefits, including financial, med- 10 ical, or other assistance. 11 (2) Information required by subsection (1) that is unobtain- 12 able before temporary placement shall be submitted by the time of 13 formal placement if reasonably obtainable. The information 14 required by subsection (1) shall be supplemented by other noni- 15 dentifying background information that the parent or guardian, 16 child placing agency, department, or court considers 17 appropriate. 18 (3) A parent or guardian, the department, a child placing 19 agency, or a court that places an adoptee under this chapter 20 shall compile all of the following identifying information if 21 reasonably obtainable: 22 (a)Name of the childTHE CHILD'S NAME before placement in 23 adoption. 24 (b)Name of eachEACH biologicalparentPARENT'S NAME at 25 the time of termination of parental rights. 26 (c)TheEACH BIOLOGICAL PARENT'S most recent name and 27 address.of each biological parent.04563'97 5 1 (d)Names of theEACH biologicalsiblingsSIBLING'S NAME 2 at the time of termination. 3 (4) The information required by subsections (1) to (3) shall 4 be maintained by the child placing agency, department, or court 5 that places the child or, in the case of a direct placement by a 6 parent or guardian, by the court that approves the placement. In 7 a direct placement, the parent or guardian shall transmit the 8 information required under subsections (1) to (3) to the court 9 before the termination of parental rights. An employee or agent 10 of a child placing agency, the court, or the department who 11 intentionally destroys information required to be maintained 12 under this section is guilty of a misdemeanor. 13 (5) If a child placing agency ceases to operate, the 14 agency's adoption records shall be forwarded to the department. 15 A branch or associate agency of a child placing agency that 16 ceases to operate shall forward its records to the central agency 17 of the branch or associate agency. 18 (6) This section does not apply to a stepparent adoption or 19 to the adoption of a child related to the petitioner within the 20 fifth degree by marriage, blood, or adoption. 21 (7) This section does not prevent a parent or guardian and 22 prospective adoptive parent from exchanging identifying informa- 23 tion or meetingpursuant toAS PROVIDED IN sections 23a and 24 23b. 04563'97 Final page. GWH