10.5Reporting and Accounting Requirements
Persons and agencies involved in an adoption are required to file a verified accounting statement and other verified statements with the court:
•A parent or guardian must file a verified statement at the time a release of parental rights or a consent for direct placement is filed with the court. MCL 710.29(5)(c); MCL 710.29(6); MCL 710.44(5); MCL 710.44(8)(c). See Section 10.5(A).
• The petitioner must file a verified accounting statement at least seven days before a child’s formal placement. MCL 710.54(7)(a). See Section 10.5(B).
•The attorney for each petitioner and each parent or guardian must file a verified statement at least seven days before a child’s formal placement. MCL 710.54(7)(b)-(c). See Section 10.5(C).
•The child placing agency or the department must file a verified statement at least seven days before a child’s formal placement. MCL 710.54(7)(d). See Section 10.5(D).
A.Parent’s or Guardian’s Verified Statement
The parent or guardian must sign a verified statement at the time a release of parental rights or a consent for direct placement is filed with the court that contains the following acknowledgments:
(a) The parent or guardian has received a list of support groups and a copy of written information regarding adoption facilitators as required under MCL 722.956(1)(c).
(b) The parent or guardian has received adoption-related counseling or waives counseling by signing the verified statement.
(c) The parent or guardian has not received or been promised money or anything of value in exchange for a release of parental rights or consent to adoption, unless it is a lawful payment itemized on a schedule filed with the release or consent. See Section 10.3 for more information on compensation for adoption services.
(d) The validity and finality of the release or consent is not affected by a collateral or separate agreement with the parent or guardian and the child placing agency or adoptive parent.
(e) The parent or guardian understands the importance of keeping the court, child placing agency or the department informed of any health problems the parent develops that may affect the child.
(f) The parent or guardian understands the importance of keeping his or her address current with the court, child placing agency, or the department in order for an adoptive parent of a minor adoptee or an adult adoptee to address any concerns regarding medical or social history. MCL 710.29(6); MCL 710.44(5).
B.Petitioner’s Verified Accounting Statement
At least seven days before a child’s formal placement under MCL 710.51,1 the petitioner must file with the court a signed verified accounting statement that “itemiz[es] all payments or disbursements of money or anything of value made or agreed to be made by or on behalf of the petitioner in connection with the adoption. The accounting shall include the date and amount of each payment or disbursement made, the name and address of each recipient, and the purpose of each payment or disbursement. Receipts shall be attached to the accounting.”2 MCL 710.54(7)(a). See SCAO Form PCA 347, Petitioner’s Verified Accounting.
Generally, the petitioner must file an updated verified accounting statement with the court at least 21 days before entry of a final order of adoption.3 MCL 710.54(8). However, the petitioner need not file an updated accounting statement if there are no changes to the verified accounting statement already on file with the court. MCR 3.803(A)(2). The updated verified accounting statement “may include by reference the total expenses itemized in the accounting” statement that was previously filed. MCR 3.803(A)(1).
C.Attorney’s Verified Statement
At least seven days before a child’s formal placement under MCL 710.51,4 the attorney for each petitioner must file with the court a signed verified statement that “itemiz[es] the services performed and any fee, compensation, or other thing of value received by, or agreed to be paid to, the attorney for, or incidental to, the adoption of the child.”5 MCL 710.54(7)(b). See SCAO Form PCA 346, Statement of Services Performed by Attorney.
“If an attorney is an adoption attorney representing a party in a direct placement adoption, the verified statement shall contain the following statements:
(i) The attorney meets the requirements for an adoption attorney under [MCL 710.22].
(ii) The attorney did not request or receive any compensation for services described in [MCL 710.54(2)].” MCL 710.54(7)(b).
Generally, the attorney must file an updated statement of services with the court at least 21 days before entry of a final order of adoption.6 MCL 710.54(8). However, the attorney need not file an updated statement if there are no changes to the statement of services already on file with the court. MCR 3.803(A)(2).The updated statement of services “may include by reference the total expenses itemized in the accounting” statement that was previously filed. MCR 3.803(A)(1).
At least seven days before a child’s formal placement under MCL 710.51,7 the attorney for each parent of the adoptee must file with the court a signed verified statement that “itemiz[es] the services performed and any fee, compensation, or other thing of value received by, or agreed to be paid to, the attorney for, or incidental to, the adoption of the child.”8 MCL 710.54(7)(c). See SCAO Form PCA 346, Statement of Services Performed by Attorney.
“If an attorney is an adoption attorney representing a party in a direct placement adoption, the verified statement shall contain the following statements:
(i) The attorney meets the requirements for an adoption attorney under [MCL 710.22].
(ii) The attorney did not request or receive any compensation for services described in [MCL 710.54(2)].” MCL 710.54(7)(c).
Generally, the attorney must file an updated statement of services with the court at least 21 days before entry of a final order of adoption.9 MCL 710.54(8). However, the attorney need not file an updated statement if there are no changes to the statement of services already on file with the court. MCR 3.803(A)(2). The updated statement of services “may include by reference the total expenses itemized in the accounting” statement that was previously filed. MCR 3.803(A)(1).
D.Child Placing Agency’s or the Department’s Verified Statement
At least seven days before a child’s formal placement under MCL 710.51,10 the child placing agency or the department must file with the court a signed verified statement that “itemiz[es] the services performed and any fee, compensation, or other thing of value received by, or agreed to be paid to, the child placing agency or the department for, or incidental to, the adoption of the child, and containing a statement that the child placing agency or the department did not request or receive any compensation for services described in [MCL 710.54(2)].”11 MCL 710.54(7)(d). See SCAO Form PCA 345, Statement of Services Performed by Agency/Department of Human Services.
Generally, the child placing agency or the department must file an updated statement of services with the court at least 21 days before entry of a final order of adoption.12 MCL 710.54(8). However, the child placing agency or the department need not file an updated statement if there are no changes to the statement of services already on file with the court. MCR 3.803(A)(2). The updated statement of services “may include by reference the total expenses itemized in the accounting” statement that was previously filed. MCR 3.803(A)(1).
1 For additional discussion on formal placements under MCL 710.51, see Chapter 6.
2 “The order placing the child may be entered before the elapse of the 7-day period required by MCL 710.54(7).” MCR 3.803(B)(2).
3 “The final order of adoption may be entered before the elapse of the 21-day period required by MCL 710.54(8).” MCR 3.803(B)(3).
4 For additional discussion on formal placements under MCL 710.51, see Chapter 6.
5 “The order placing the child may be entered before the elapse of the 7-day period required by MCL 710.54(7).” MCR 3.803(B)(2).
6 “The final order of adoption may be entered before the elapse of the 21-day period required by MCL 710.54(8).” MCR 3.803(B)(3).
7 For additional discussion on formal placements under MCL 710.51, see Chapter 6.
8 “The order placing the child may be entered before the elapse of the 7-day period required by MCL 710.54(7).” MCR 3.803(B)(2).
9 “The final order of adoption may be entered before the elapse of the 21-day period required by MCL 710.54(8).” MCR 3.803(B)(3).
10 For additional discussion on formal placements under MCL 710.51, see Chapter 6.
11 “The order placing the child may be entered before the elapse of the 7-day period required by MCL 710.54(7).” MCR 3.803(B)(2). See Section 10.3(C)(2) for more information on fees that are generally prohibited under MCL 710.54(2).
12 “The final order of adoption may be entered before the elapse of the 21-day period required by MCL 710.54(8).” MCR 3.803(B)(3).