5.5Procedural and Documentary Requirements
In order to temporarily place a child, the following requirements must be met:
(1) The compilation and distribution of nonidentifying information. See Section 5.5(A).
(2) The compilation and distribution of identifying information. See Section 5.5(B).
(3) A preplacement assessment with a finding of suitability that was completed within one year before the transfer date. See Section 5.5(C).
(4) The transfer statements. See Section 5.5(D).
(5) The transfer report. See Section 5.5(E).
“Before placement of a child for adoption,[1] a parent or guardian, a child placing agency, the department, or the court that places the child shall compile and provide to the prospective adoptive parent a written document containing all of the following nonidentifying information that is not made confidential by state or federal law and that is reasonably obtainable from the parents, relatives, or guardian of the child; from any person who has had physical custody of the child for 30 days or more; or from any person who has provided health, psychological, educational, or other services to the child:
(a) Date, time, and place of birth of the child including the hospital, city, county, and state.
(b) An account of the health and genetic history of the child, including an account of the child’s prenatal care; medical condition at birth; any drug or medication taken by the child's mother during pregnancy; any subsequent medical, psychological, psychiatric, or dental examination and diagnosis; any psychological evaluation done when the child was under the jurisdiction of the court; any neglect or physical, sexual, or emotional abuse suffered by the child; and a record of any immunizations and health care the child received while in foster or other care.
(c) An account of the health and genetic history of the child's biological parents and other members of the child’s family, including any known hereditary condition or disease; the health of each parent at the child's birth; a summary of the findings of any medical, psychological, or psychiatric evaluation of each parent at the time of placement; and, if a parent is deceased, the cause of and the age at death.
(d) A description of the child and the child’s family of origin, including all of the following:
(i) Given first name of the child at birth.
(ii) The age and sex of siblings of the child.
(iii) The child’s enrollment and performance in school, results of educational testing, and any special educational needs.
(iv) The child’s racial, ethnic, and religious background, and a general description of the child’s parents, including the age of the child’s parents at the time of termination of parental rights, and the length of time the parents had been married at the time of placement.
(v) An account of the child’s past and existing relationship with any relative, foster parent, or other individual or facility with whom the child has lived or visited on a regular basis. The account shall not include names and addresses of individuals.
(vi) The levels of educational, occupational, professional, athletic, or artistic achievement of the child's family.
(vii) Hobbies, special interests, and school activities of the child's family.
(viii) The circumstances of any judicial order terminating the parental rights of a parent for abuse, neglect, abandonment, or other mistreatment of the child.
(ix) Length of time between the termination of parental rights and adoptive placement and whether the termination was voluntary or court-ordered.
(x) Any information necessary to determine the child’s eligibility for state or federal benefits, including financial, medical, or other assistance.” MCL 710.27(1).
“Information required by [MCL 710.27(1)] that is unobtainable before temporary placement shall be submitted by the time of formal placement if reasonably obtainable.[2] The information required by [MCL 710.27(1)] shall be supplemented by other nonidentifying background information that the parent or guardian, child placing agency, department, or court considers appropriate.” MCL 710.27(2).
MCL 710.27(4) requires “the child placing agency, the department, or court that places the child or, in the case of a direct placement by a parent or guardian, by the court that approves the placement[]” to maintain the compiled nonidentifying information.3
In a direct placement adoption, the parent or guardian must transfer to the court all compiled nonidentifying information before parental rights can be terminated. MCL 710.27(4).
Except in stepparent and relative adoptions, “[a] parent or guardian, the department, a child placing agency, or a court that places an adoptee under this chapter shall compile all of the following identifying information if reasonably obtainable:
(a) Name of the child before placement in adoption.
(b) Name of each biological parent at the time of termination of parental rights.
(c) The most recent name and address of each biological parent.
(d) Names of the biological siblings at the time of termination.” MCL 710.27(3); MCL 710.27(6).
MCL 710.27(4) requires “the child placing agency, the department, or court that places the child or, in the case of a direct placement by a parent or guardian, by the court that approves the placement[]” to maintain the compiled identifying information.4 In a direct placement adoption, the parent or guardian must transfer all identifying information compiled to the court before parental rights can be terminated.5 MCL 710.27(4).
The identifying information is not provided to the prospective adoptive parent. See MCL 710.27(1); MCL 710.27(3). However, the parent or guardian and the prospective adoptive parent may agree to exchange identifying information in a direct placement adoption. MCL 710.27(7).
If the parties elect not to exchange identifying information, see the SCAO Form PCA 340, Statement of Identifying Information.
In order to temporarily place a child with a prospective adoptive parent in a direct placement or an agency placement, the prospective adoptive parent must have completed a preplacement assessment “within 1 year before the date of the transfer with a finding that the prospective adoptive parent is suitable to be a parent of an adoptee.” MCL 710.23d(1)(a). The preplacement assessment must be reviewed before the child is placed with the prospective adoptive parent. See MCL 710.23d(1)(c)(iv).
In a direct placement adoption, an individual seeking to adopt may request, at any time, that a child placing agency prepare a preplacement assessment. MCL 710.23f(1). The requesting individual does not have to locate a potential adoptee when the request is made or completed, nor is the requesting individual limited to one preplacement assessment request. MCL 710.23f(2)-(3). Once requested, the requesting individual may ask the child placing agency to stop the assessment.6 MCL 710.23f(3).
“If an individual is seeking to adopt a child from a particular child placing agency, the agency may require the individual to be assessed by its own employee, even if the individual has already had a favorable preplacement assessment completed by another child placing agency.” MCL 710.23f(4).
1.Basis for Preplacement Assessment
A preplacement assessment is based on:
(1) Personal interviews.
(2) Residential visits.
(3) Interviews with individuals knowing the prospective adoptive parent.
(4) Assessment reports. MCL 710.23f(5).
The preplacement assessment must include a list of all the sources relied on during the assessment. MCL 710.23f(8).
2.Contents of Preplacement Assessment
A preplacement assessment must contain all of the following information about the prospective adoptive parent:
(1) Age, nationality, race or ethnicity, and any religious preference.7
(2) Marital and family status and history (including the number of children or adults in the household and their relationship to the adoptive parent).
(3) Physical and mental health (including history of substance abuse).8
(4) Educational and employment history.
(5) Any special skills and interests.
(6) Any property and income (including financial obligations).
(7) Reasons for wanting to adopt.
(8) Previous assessment request(s) and the outcome of the assessment(s).
(9) Prior adoptive placement involvement and the outcome of the placement.
(10) Any charges of domestic violence and the outcome of the charges.
(11) Any charges of child abuse or neglect and the outcome of the charges.
(12) Any criminal convictions.9 See Section 4.2(B).
(13) If an adoptee is found, a brief description of the biological parent(s) and child.
(14) Any relevant fact or circumstance that raises a specific concern10 about the prospective adoptive parent’s suitability (including quality of the home environment, current children’s behavior, and adoptive parent’s familial, social, psychological, or financial background). MCL 710.23f(5)(a)-(k).
3.Determination of Suitability
If the child placing agency determines the assessed information suggests that placement with the prospective adoptive parent:
•does not raise a specific concern, the agency must find that the prospective adoptive parent is suitable for adoption;
•does raise a specific concern, the agency must find that the prospective adoptive parent is not suited for adoption, and must support its conclusion “by a written account of how 1 or more specific concerns pose a risk of the physical or psychological well-being of any child or a particular child.” MCL 710.23f(8).
See MCL 710.23f(5)(k), which requires the preplacement assessment to contain information regarding “[a]ny fact or circumstance that raises a specific concern about the suitability of the individual as an adoptive parent, including the quality of the environment in the home, the functioning of other children in the household, and any aspect of the individual’s familial, social, psychological, or financial circumstances that may be relevant to a determination that the individual is not suitable. A specific concern is one that suggests that placement of any child, or a particular child, in the home of the individual would pose a risk of harm to the physical or psychological well-being of the child.”
“If the conclusion of a preplacement assessment regarding the suitability of the individual differs from the conclusion in a prior assessment, the child placing agency shall explain and justify the difference.” MCL 710.23f(8).
4.Review of Finding of Unsuitability
“An individual who receives a preplacement assessment with a conclusion of unsuitability may seek a review of the assessment by the court after filing an adoption petition.[11] The court may order an agent or employee of the court to make an investigation and report to the court before the hearing. If, at the hearing, the court finds by clear and convincing evidence that the conclusion of unsuitability is not justified, the person with legal custody of the child may place the child with that individual. If the court determines that the conclusion of unsuitability is justified, it shall order that the child shall not be placed with the individual.” MCL 710.23f(9) (emphasis added).
A transfer statement is a statement evidencing the transfer of physical custody of a child and is one of the requirements necessary for effectuating a temporary placement. See MCL 710.23d(1)(c).
1.Parent’s, Guardian’s, or Child Placing Agency Representative’s Transfer Statement
“In the presence of a witness who also signs the document, the parent, guardian, or representative of the child placing agency signs a statement evidencing the transfer of physical custody of the child. If the parent making the temporary placement is an unemancipated minor, the statement is not valid unless it is also signed in the presence of the witness by a parent or guardian of that minor parent. The statement shall contain all of the following:
(i) The date of the transfer of physical custody.
(ii) Language providing that the transfer is for the purpose of adoption by the prospective adoptive parent.
(iii) Language indicating that unless the parent or guardian and the prospective adoptive parent agree otherwise, the prospective adoptive parent has the authority to consent to all medical, surgical, psychological, educational, and related services for the child[12] and language indicating that the parent or guardian otherwise retains full parental rights to the child being temporarily placed and that the temporary placement may be revoked by the filing of a petition under [MCL 710.23d(5)13].
(iv) Language providing that the person making the transfer has read a preplacement assessment of the prospective adoptive parent completed or updated within 1 year before the date of the transfer with a finding that the prospective adoptive parent is suitable to be a parent of an adoptee.[14] If a child placing agency makes the transfer of physical custody, the statement shall include a verification that the child placing agency has given the parent or guardian who authorized the temporary placement an opportunity to review the preplacement assessment.
(v) Even if only 1 parent is making the temporary placement, the name and address of both parents of the child, including in the case of a child born out of wedlock, the name and the address of each putative father of the child, if known.”15 MCL 710.23d(1)(c).
For the parent’s or guardian’s transfer statement, see the SCAO Form PCA 330, Statement of Parent/Guardian Transferring Physical Custody of Child for Adoption.
For the child placing agency’s transfer statement, see the SCAO Form PCA 331, Statement of Child-Placing Agency Transferring Physical Custody of Child for Adoption.
2.Prospective Adoptive Parent’s Transfer Statement
“In the presence of a witness who also signs the document, the prospective adoptive parent signs a statement setting forth the date of the transfer of physical custody and the name and address of the prospective adoptive parent and attesting to all of the following:
(i) That the prospective adoptive parent understands that the temporary placement will not become a formal placement until the parents consent or release their parental rights and the court orders the termination of parental rights and approves the placement and that the prospective adoptive parent must relinquish custody of the child within 24 hours after being served with an order under [MCL 710.23e(2)16].
(ii) That, if the prospective adoptive parent is a Michigan resident, the prospective adoptive parent agrees to reside with the child in Michigan until formal placement occurs.
(iii) That the prospective adoptive parent agrees to obtain approval in compliance with the interstate compact on the placement of children[ (ICPC)], . . . MCL 3.711 to [MCL] 3.717,[17] before the child is sent, brought, or caused to be sent or brought into a receiving state as that term is defined in . . . MCL 3.711.
(iv) That the prospective adoptive parent submits to this state’s jurisdiction.” MCL 710.23d(1)(d).
For the prospective adoptive parent’s transfer statement, see the SCAO Form PCA 332, Statement of Prospective Adoptive Parent Transferring Physical Custody of Child for Adoption.
“Not later than 2 days, excluding weekends and holidays, after a transfer of physical custody of a child in accordance with [MCL 710.23d(1)], the adoption attorney[18] or child placing agency who assists with the temporary placement or the child placing agency that makes the temporary placement shall submit to the court in the county in which the child’s parent or guardian or the prospective adoptive parent resides, or in which the child is found, a report that contains all of the following:
(a) The date of the transfer of physical custody.
(b) The name and address of the parent or guardian or the child placing agency who made the temporary placement.
(c) The name and address of the prospective adoptive parent with whom the temporary placement was made.
(d) Even if only 1 parent is making the temporary placement, the name and address of both parents of the child, including, in the case of a child born out of wedlock, the name of each putative father, if known.[19]
(e) The documents required under [MCL 710.23d(1)(c)] and [MCL 710.23d(1)(d)] and, if applicable, the authorization required under [MCL 710.23b].”20 MCL 710.23d(2).
1 MCL 710.27 does not apply to stepparent and relative adoptions. MCL 710.27(6).
2 For a detailed discussion on formal placements, see Chapter 6.
3 For a detailed discussion on recordkeeping requirements and release of information, Chapter 9.
4 For a detailed discussion on recordkeeping requirements and release of information, Chapter 9.
5 For a detailed discussion on direct placement adoptions, see Section 8.2.
6 For additional information on direct placement adoptions, see Section 8.2.
7 For additional information on age, nationality, race or ethnicity, and religious considerations, see Section 4.2(C).
8 “A child placing agency shall request an individual seeking a preplacement assessment to undergo a physical examination conducted by a licensed physician, a licensed physician’s assistant, or a certified nurse practitioner to determine that the individual is free from any known condition that would affect his or her ability to care for an adoptee. If an individual has had a physical examination within the 12 months immediately preceding his or her request for a preplacement assessment, he or she may submit a medical statement that is signed and dated by the licensed physician, licensed physician’s assistant, or certified nurse practitioner verifying that he or she has had a physical examination within the previous 12-month period and is free from any known condition that would affect his or her ability to care for an adoptee. This subsection does not require new or additional third party reimbursement or worker’s compensation benefits for services rendered.” MCL 710.23f(7).
9 “A child placing agency shall request an individual seeking a preplacement assessment to provide a document from the Michigan state police and the federal bureau of investigation describing all of the individual’s criminal convictions as shown by that agency’s records, or stating that the agency’s records indicate that the individual has not been convicted of a crime. Upon request of the individual and receipt of a signed authorization, the child placing agency shall obtain the criminal record from the law enforcement agency on the individual’s behalf.” MCL 710.23f(6).
10 “A specific concern is one that suggests that placement of any child, or a particular child, in the home of the [prospective adoptive parent] would pose a risk of harm to the physical or psychological well-being of the child.” MCL 710.23f(5)(k).
11 For a detailed discussion on adoption petitions, see Section 6.6.
12 “Except as otherwise agreed to by the parties, the prospective adoptive parent with whom a child is temporarily placed under this section may consent to all medical, surgical, psychological, educational, and related services for the child.” MCL 710.23d(8).
13 For information on revoking a temporary placement under MCL 710.23d(5), see Section 5.8.
14 For information on preplacement assessments, see Section 5.5(C).
15 For information on identifying a child’s father, see Chapter 3.
16 For information on revocation of a temporary placement under MCL 710.23e(2), see Section 5.8(B).
17 For information on the ICPC, see Section 4.4(D).
18 For information on adoption attorneys, see Section 8.2(B).
19 For information on identifying a child’s father, see Chapter 3.
20 For information on the documents required under MCL 710.23d(1)(c)-(d), see Section 5.5(D), and information on the authorization required under MCL 710.23b, see Section 5.3.