HOUSE BILL No. 4847 September 23, 1999, Introduced by Reps. Switalski, Spade, Thomas, Bogardus, Schauer, DeHart, Schermesser, Garza, Martinez, Price, Wojno, Clarke, Rivet, Pappageorge, Bovin, Garcia, LaSata and Lemmons and referred to the Committee on Family and Civil Law. A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending sections 23f and 24 of chapter X (MCL 710.23f and 710.24), section 23f as amended by 1994 PA 373 and section 24 as amended by 1996 PA 409. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 CHAPTER X 2 Sec. 23f. (1) In a direct placement, an individual seeking 3 to adopt may request at any time that a preplacement assessment 4 be prepared by a child placing agency. 5 (2) An individual requesting a preplacement assessment need 6 not have located a prospective adoptee when the request is made 7 or when the assessment is completed. 02307'99 GWH 2 1 (3) An individual may have more than 1 preplacement 2 assessment or may request that an assessment, once initiated, not 3 be completed. 4 (4) If an individual is seeking to adopt a child from a par- 5 ticular child placing agency, the agency may require the individ- 6 ual to be assessed by its own employee, even if the individual 7 has already had a favorable preplacement assessment completed by 8 another child placing agency. 9 (5) A preplacement assessment shall be based upon personal 10 interviews and visits at the residence of the individual being 11 assessed, interviews of others who know the individual, and 12 reports received under this subsection. The assessment shall 13 contain all of the following information about the individual 14 being assessed: 15 (a)Age, nationalityNATIONALITY, race or ethnicity, and 16 any religious preference. 17 (b) Marital and family status and history, including the 18 presence of other children or adults in the household and the 19 relationship of those individuals to the adoptive parent. 20 (c) Physical and mental health, including any history of 21 substance abuse. 22 (d) Educational and employment history andanyspecial 23 skills and interests. 24 (e) Property and income, including outstanding financial 25 obligations as indicated in a current financial report provided 26 by the individual. 02307'99 3 1 (f) Reason for wanting to adopt. 2 (g) Any previous request for an assessment or involvement in 3 an adoptive placement and the outcome of the assessment or 4 placement. 5 (h) Whether the individual has ever been the respondent in a 6 domestic violence proceeding or a proceeding concerning a child 7 who was allegedly abused, dependent, deprived, neglected, aban- 8 doned, or delinquent, and the outcome of the proceeding. 9 (i) Whether the individual has ever been convicted of a 10 crime. 11 (j) Whether the individual has located a parent interested 12 in placing a child with the individual for adoption and a brief 13 description of the parent and the child. 14 (k) Any fact or circumstance that raises a specific concern 15 about the suitability of the individual as an adoptive parent, 16 including the quality of the environment in the home, the func- 17 tioning of other children in the household, and any aspect of the 18 individual's familial, social, psychological, or financial cir- 19 cumstances that may be relevant to a determination that the indi- 20 vidual is not suitable. A specific concern is one that suggests 21 that placement ofanyA child, or a particular child, in the 22 home of the individual would pose a risk of harm to the CHILD'S 23 physical or psychological well-being.of the child.24 (6) IN MAKING A DETERMINATION OF WHETHER AN INDIVIDUAL IS 25 SUITABLE TO BE A PARENT OF AN ADOPTEE, A CHILD PLACING AGENCY 26 SHALL NOT TAKE INTO CONSIDERATION THE INDIVIDUAL'S AGE. 27 INTERVIEWS AND RECORDS, WRITTEN OR OTHERWISE, GATHERED FOR 02307'99 4 1 PURPOSES OF A PREPLACEMENT ASSESSMENT SHALL NOT INCLUDE INQUIRIES 2 OR INFORMATION REGARDING THE AGE OF THE INDIVIDUAL BEING 3 ASSESSED. 4 (7)(6)A child placing agency shall request an individual 5 seeking a preplacement assessment to provide a document from the 6 Michigan state police and the federal bureau of investigation 7 describing all of the individual's criminal convictions as shown 8 by that agency's records, or stating that the agency's records 9 indicate that the individual has not been convicted of a crime. 10 Upon request of the individual and receipt of a signed authoriza- 11 tion, the child placing agency shall obtain the criminal record 12 from the law enforcement agency on the individual's behalf. 13 (8)(7)A preplacement assessment shall contain a list of 14 the sources of information on which it is based. If the child 15 placing agency determines that the information assessed does not 16 raise a specific concern, the child placing agency shall find 17 that the individual is suited to be an adoptive parent. If the 18 child placing agency determines that the information assessed 19 does raise a specific concern, the child placing agency shall 20 find that the individual is not suitable to be an adoptive 21 parent. The conclusion shall be supported by a written account 22 of how 1 or more specific concerns pose a risk to the physical or 23 psychological well-being ofanyA child or a particular child. 24 If the conclusion of a preplacement assessment regarding the 25 suitability of the individual differs from the conclusion in a 26 prior assessment, the child placing agency shall explain and 27 justify the difference. 02307'99 5 1 (9)(8)An individual who receives a preplacement 2 assessment with a conclusion of unsuitability may seek a review 3 of the assessment by the court after filing an adoption 4 petition. The court may order an agent or employee of the court 5 to make an investigation and report to the court before the 6 hearing. If, at the hearing, the court finds by clear and con- 7 vincing evidence that the conclusion of unsuitability is not jus- 8 tified, the person with legal custody of the child may place the 9 child with that individual. If the court determines that the 10 conclusion of unsuitability is justified, it shall order that the 11 child shall not be placed with the individual. 12 Sec. 24. (1) If a person desires to adopt a child or an 13 adult and to bestow upon the adoptee his or her family name, or 14 to adopt a child or an adult without a change of name, with the 15 intent to make the adoptee his or her heir, that person, together 16 with his wife or her husband, if married, shall file a petition 17 with the court of the county in which the petitioner resides or 18 where the adoptee is found. If there has been a temporary place- 19 ment of the child, the petition for adoption shall be filed with 20 the court that received the report described in section 23d(2) of 21 this chapter. 22 (2) The petition for adoption shall be verified by each 23 petitioner and shall contain the following information: 24 (a) The name, date and place of birth, and place of resi- 25 dence of each petitioner, including the maiden name of the adopt- 26 ing mother. 02307'99 6 1 (b) Except as otherwise provided in subsection (5), the 2 name, date and place of birth, and place of residence if known of 3 the adoptee. 4 (c) The relationship, if any, of the adoptee to the 5 petitioner. 6 (d) The full name by which the adoptee shall be known after 7 adoption. 8 (e) The full description of the property, if any, of the 9 adoptee. 10 (f) Unless the rights of the parents have been terminated by 11 a court of competent jurisdiction or except as otherwise provided 12 in subsection (5), the names of the parents of the adoptee and 13 the place of residence of each living parent if known. 14 (g) Except as otherwise provided in subsection (5), the name 15 and place of residence of the guardian of the person or estate of 16 the adoptee, if any has been appointed. 17 (3) In a direct placement, the petitioner shall attach to 18 the petition a verified statement certifying that the petitioner 19 has been informed of the availability of counseling services and 20 whether the petitioner has received counseling. 21 (4) Except as otherwise provided in this subsection, in a 22 direct placement, the petitioner shall attach a copy of a pre- 23 placement assessment of the petitioner completed or updated 24 within 1 year before the petition is filed with a finding that 25 the petitioner is suitable to be a parent of an adoptee, copies 26 of all other preplacement assessments of the petitioner, if any 27 others have been completed, and a verified statement stating that 02307'99 7 1 no preplacement assessments of the petitioner have been completed 2 other than those attached to the petition and explaining any pre- 3 placement assessments of the petitioner that have been initiated 4 but not completed. If the petitioner is seeking review of a pre- 5 placement assessment under section23f(8)23F(9) of this chap- 6 ter, the petitioner may comply with this subsection by attaching 7 a copy of that preplacement assessment and a copy of the applica- 8 tion for review, together with copies of all other preplacement 9 assessments and the verified statement required by this section. 10 (5) In a direct placement in which the parties have elected 11 not to exchange identifying information, the information required 12 by subsection (2)(f) and (g) and the surname and place of resi- 13 dence of the adoptee required under subsection (2)(b) may be 14 omitted. The attorney or child placing agency assisting in the 15 adoption shall file a verified statement containing the omitted 16 information. 02307'99 Final page. GWH