“The department shall establish and maintain a central adoption registry to control the release of identifying information described in [MCL 710.27(3)].” MCL 710.27b(1). For a list of identifying information set out in MCL 710.27(3), see Section 5.5(B) (temporary placements) and Section 6.5(B) (formal placements).
If an Indian child is involved, the department must maintain the record for every Indian child’s voluntary or involuntary foster care, preadoptive, and adoptive placement in the central adoption registry. 25 USC 1915(e); 25 CFR 23.141(a). Each record must at least contain “the petition or complaint, all substantive orders entered in the child-custody proceeding, the complete record of the placement determination (including, but not limited to, the findings in the court record and the social worker’s statement), and, if the placement departs from the placement preferences, detailed documentation of the efforts to comply with the placement preferences.”1 25 CFR 23.141(b). “It is recommended that the record include any documentation of preferred placements contacted and, if any were found ineligible as a placement, an explanation as to the ineligibility.” Bureau of Indian Affairs, Guidelines for Implementing the Indian Child Welfare Act, 81 Federal Register 96476, J.1 (2016).2
Note: The record must be made available to the Indian child’s tribe or the Secretary of the Interior upon request within 14 days. 25 USC 1915(e); 25 CFR 23.141(a).
MCL 712B.37 also requires “[t]he department [to] publish annually a census with no individually identifiable information of all Indian children in the department’s care and custody. The census shall include, by county and statewide, information regarding the Indian children on all of the following:
(a) Legal status.
(b) Placement information and whether it complies with [MIFPA].
(c) Age.
(d) Sex.
(e) Tribe in which the child is a member or eligible for membership.
(f) Accumulated length of time in foster care.
(g) Other demographic information considered appropriate concerning all Indian children who are the subject of child custody proceedings.”
See Section 11.22 for a detailed discussion of the Indian Child Welfare Act’s (ICWA) and the Michigan Indian Family Preservation Act’s (MIFPA) recordkeeping and disclosure of information requirements.
B.Consent to or Denial of Release of Identifying Information
“A former parent, including a former parent whose parental rights were terminated under [the Safe Delivery of Newborns Law, MCL 712.1 et seq.3], may file with the central adoption registry a statement consenting to or denying the release of the identifying information about that parent specified in [MCL 710.27(3)(b)] and [MCL 710.27(3)(c)]. The consent or denial may be filed, updated, or revoked at any time.” MCL 710.27a(1). Consent to the release of a former parent’s name and address at the time of a parent’s termination of parental rights is presumed unless that parent files a statement with the central adoption registry denying the release of information. See MCL 710.27a(4).
The department must create forms for the former parents to use to consent to, deny, or revoke the release of identifying information. MCL 710.27b(3). The forms must include the former parent’s current name and address and be made available to the child placing agency and the court. Id. The denial form must also contain a space for the former parent to indicate, if desired, the reasons for the denial. Id. See the DHHS form Parent’s Consent/Denial to Release Information to Adult Adoptee.
“The central adoption registry shall keep on file the statements of former parents consenting to or denying the release of identifying information[.]” MCL 710.27b(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.” MCL 710.27a(2).
“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.” MCL 710.27a(3).
The department must create forms for the adult former sibling to use to provide notice of a former parent’s death and to consent to the release of identifying information. MCL 710.27b(3). The forms must include the adult former sibling’s current name and address and be made available to the child placing agency and the court. Id. See the DHHS forms Release of Information to Adult Adoptee by Brother/Sister as Proxy For Deceased Parent and Adult Former Sibling Statement to Release Information to Adult Adoptee.4
The central adoption registry must keep the adult former sibling’s notice of a former parent’s death and his or her consent to the release of information on file. MCL 710.27b(2).
C.Clearance Request and Reply Forms
The department must “develop and distribute clearance request and reply forms to be used by child placing agencies, the department, and the court to request and receive information from the central adoption registry pursuant to [MCL 710.68(5) (adult adoptee’s request for the former parent’s identifying information)] and [MCL 710.68(8) (adult adoptee’s request for the adult former sibling’s name and address)].” MCL 710.27b(3).
1.Clearance Request For Former Parent’s Identifying Information
When the central adoption registry receives a clearance request form from a child placing agency, the department, or the court under MCL 710.68(5),5 the central adoption registry must send a clearance reply form that indicates:
(1) whether the former parent filed a consent to or a denial of the release of identifying information, and a copy of the consent or denial, or
(2) whether the former parent is deceased. MCL 710.27b(4).
“Once a request for information has been received by the central adoption registry, a subsequent statement submitted by a former parent consenting to the release of identifying information or revoking a previous denial of release of identifying information shall be transmitted to the person who requested the information.” MCL 710.27b(4).
2.Clearance Request For Adult Former Sibling’s Name and Address
When the central adoption registry receives a clearance request form from a child placing agency, the department, or the court under MCL 710.68(8),6 the central adoption registry must send “to the requester a statement from an adult former sibling consenting to the release of the adult former sibling’s name and address to an adult adoptee.” MCL 710.27b(5).
“Once a request for information has been received by the central adoption registry, a subsequent statement submitted by an adult former sibling consenting to the release of the adult former sibling’s name and address shall be transmitted to the person who requested the information.” MCL 710.27b(5).
1 “A State agency or agencies may be designated to be the repository for this information. The State court or agency should notify the BIA whether these records are maintained within the court system or by a State agency.” 25 CFR 23.141(c).
2 The link to this resource was created using Perma.cc and directs the reader to an archived record of the page.
3 For information on the Safe Delivery of Newborns Law, see Section 5.9.
4 The links to these resources were created using Perma.cc and they direct the reader to an archived record of each page.
5 For information on MCL 710.68(5), see Section 9.8(A).
6 For information on MCL 710.68(8), see Section 9.8(C).