FOSTER CARE AND ADOPTION SERVICES ACT (EXCERPT)
Act 203 of 1994
722.956 Adoption facilitator; duties; cost.
(1) An adoption facilitator shall do all of the following:
(a) Provide a client with needed services related to adoption, including postadoption services, or make referrals to available resources in the community. The adoption facilitator shall emphasize the importance and availability of counseling for all parties to an adoption and explain that the prospective adoptive parent is required to pay for counseling for the birth parent or guardian unless the birth parent or guardian waives the counseling.
(b) Provide each individual who inquires about services with the pamphlet describing the adoption process prepared by the department under section 115m of the social welfare act, 1939 PA 280, MCL 400.115m. When providing services to an adoption client, the adoption facilitator shall review the pamphlet with the client and make sure the client understands the various alternatives that are available in the adoption process and how to get access to all of the following:
(i) The directory of children produced by the department under section 8.
(ii) The information contained in the registry of adoptive homes maintained by the department under section 8.
(iii) The public information forms on adoption facilitators maintained by the department pursuant to section 14d of 1973 PA 116, MCL 722.124d.
(c) Prepare and provide to each individual who inquires about services a written document that includes all of the following information:
(i) Types of adoptions the adoption facilitator handles.
(ii) A description of the services that the adoption facilitator provides.
(iii) A description of services that are available by referral.
(iv) Eligibility requirements the adoption facilitator has for adoptive families, if any.
(v) If the adoption facilitator is a child placing agency, the procedure used, or range of options the agency offers, for selecting a prospective adoptive parent for a child, including the role of the child's parent or guardian in the selection process.
(vi) The extent to which the adoption facilitator permits or encourages the exchange of identifying information or contact between biological and adoptive parents.
(vii) A description of postfinalization services that the adoption facilitator provides, if any.
(viii) A schedule of all fees that the adoption facilitator charges for adoption services.
(ix) A statement that each party to an adoption has a right to independent representation by an attorney and that 1 attorney may not represent both the biological parents or guardian and the prospective adoptive parents.
(d) Insure that each prospective adoptive parent completes an orientation program consistent with requirements for orientation programs developed under administrative rules by the department.
(e) Provide a prospective adoptive parent with written copies, other than those portions made confidential by state or federal law, of all of the following regarding the prospective adoptee:
(i) If not already provided under section 27 of chapter 10 of 1939 PA 288, MCL 710.27, the adoptee's nonidentifying information as listed and described by section 27(1) and (2) of chapter X of 1939 PA 288, MCL 710.27.
(ii) The petition or petitions that resulted in each placement of the child.
(iii) Initial and all updated case service plans concerning the child that were compiled during each foster care placement, whether in foster care, adoption, or otherwise.
(f) No later than the time of the preadoptive or adoptive placement, prepare and provide to the prospective adoptive parent written verification that all of the information described in subdivision (e) has been provided to the prospective adoptive parent.
(g) Not later than the time of the adoptee's preadoptive placement with the prospective adoptive parent, hold a conference with the prospective adoptive parent and do all of the following during that conference:
(i) Review and discuss the information provided to the prospective adoptive parent under subdivision (e).
(ii) Disclose to the prospective adoptive parent all other information known by or available to the adoption facilitator regarding the adoptee's medical and psychological needs.
(iii) Prepare and provide to the prospective adoptive parent a list of the adoptee's medical and psychological needs that are identified and discussed during the conference.
(iv) Prepare written verification for the signatures of the adoption facilitator and the prospective adoptive parent that the conference was held as required by this subdivision, and provide a copy of this written verification to the prospective adoptive parent.
(2) The information required under subsection (1) shall be provided without cost to the biological parent or guardian or prospective adoptive parent.
History: 1994, Act 203, Eff. Jan. 1, 1995
Am. 1998, Act 495, Eff. Mar. 1, 1999
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