Fillable Filing Instructions for Guardian Adoptions (Third Judicial Circuit of Michigan)

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Filing Instructions for Guardian Adoptions (Third Judicial Circuit of Michigan)

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Third Circuit Court of Michigan: Family Division—Juvenile Section
Filing Instructions for Guardian Adoptions
Please read the entire instruction packet before beginning the guardian adoption process. If you have any
questions regarding the information below, please call the Adoptions Unit at (313)-833-1880.
QUICK CHECKLIST
Before scheduling an appointment, please verify that all of the following are true:
You, the Guardian, are a resident of Wayne County (proof of residence required).
You have had guardianship over the minor for at least 18 months.
You have received the Petition and Order for Authority to Adopt from Probate Court.
You have not been convicted of any of the crimes listed on page 3, item number 9.
You have discussed the adoption process with the child, and continue to discuss adoption as the child matures.
You have sole guardianship of the child (no co-guardian exists).
Before scheduling an appointment, please ensure that you have ALL of the following documents/payments ready:
Each numbered item below is discussed in more detail on pages 3-4. Please review these requirements carefully.
Birth Certificates & Death Certificates
1.
Adoptee’s Birth Certificate
2.
Petitioners’ Birth Certificates
3.
Death Certificate if the mother or father of the adoptee is deceased.
4.
Birth or Death Certificate showing relationship if the petitioners are related to the adoptee.
Marriage Certificates & Divorce Decrees
5.
Petitioners’ Marriage Certificate
6.
Marriage Certificates from ALL prior marriages by either petitioner.
7.
Divorce Decrees from ALL prior marriages by either petitioner, or Death Certificate if a prior marriage ended
due to the death of a spouse.
Background Check Documentation
8.
Central Registry Clearance (child protective services) – completed under current AND maiden name if
female. Completed for ALL household members 18 years of age and older.
9.
Clearances from any past criminal conviction or any alcohol-related traffic violations that show all fines
and/or conditions have been satisfied.*
Guardianship Documentation & Other Orders
10.
Petition and Order for Authority to Adopt from Probate Court
11.
Any/All Guardianship Orders
12.
Any Name Change Orders
13.
Affidavit of Parentage or Order of Filiation, if applicable.
14.
Support Orders for any parent or guardian for any child(ren).
Non-U.S. Citizen Documentation (if applicable)
15.
Valid Resident Alien Card, Valid Visa from Immigration & Naturalization Services, Naturalization
Documentation (certified/original).
Other Documentation
16.
Copy of Letter to Parents notifying them of your intent to adopt AND the certified return receipt card.
17.
Medical clearances for ALL household members
18.
Three personal references
19.
Completed Adoption Report (MJC 1078) –attached*
20.
Proof of Residence (Wayne County)
21.
Letter of Explanation if guardian is married and the spouse is not adopting.
Payment of Fees
22..
Filing Fees
23.
Birth Certificate Fees
1
Contents:
Step 1: Understanding the Process
Step 2: Preparing the Required Documentation
Step 3: Scheduling an Appointment
Step 4: Participating in a Home Assessment
Step 5: Obtaining Consent and/or Petitioning the Court to Terminate Parental Rights
Step 6: Participating in Any Required Court Hearings & Finalizing the Adoption
Step 1: Understanding the Process
The mission of the Adoptions Unit is to help ensure permanently joined bonded family units through the timely
completion of parental rights’ termination, formal placement into approved homes, adoption finalization, and the delivery
of efficient post adoption services.
Guardians, who have had guardianship for at least two years, and who have received the Petition and Order for
Authority to Adopt from either the Probate Court or Circuit Court, may file a Petition for Adoption at the Third
Circuit Court of Michigan: Family Division—Juvenile Section’s Adoptions Unit.
After you have collected all of the necessary documentation, you may schedule an appointment to file your
Petition for Adoption. If you do not have all of the required documentation, you will be required to re-schedule
your appointment.
Once your Petition for Adoption has been filed, the Adoptions Unit will make a referral to the Michigan
Children’s Law Center (MCLC) to conduct a home investigation. These investigations are conducted to assess the
suitability of the home, and to determine whether granting the adoption would serve the child’s best interests.
Upon a favorable home investigation being received, where MCLC recommends that the adoption be granted, the
child’s parents’ parental rights will need to be addressed. For a guardian to adopt, termination of parental rights of
the biological parents must occur prior to the adoption being granted. This includes legal parents, putative
(alleged) fathers, and/or unknown fathers. Parental rights may be terminated either voluntarily or involuntarily.
When parental rights are terminated voluntarily, the parent executes a “Consent to Adoption by Parent,” which
can be done at any time after the Petition for Adoption has been filed (see step 5 for more details).
If all documents have been properly submitted, a favorable home investigation has been received, and parental
rights were successfully terminated, the assigned Judge will review the adoption file and determine whether to
finalize the adoption, or hold a hearing to address any concerns he/she might have regarding the adoption. If a
hearing is scheduled, the guardian, and possibly the child, will be required to attend.
Please note that guardians who adopt are not normally eligible for support subsidy through the State of Michigan.
Any Medicaid and/or ADC benefits the child is receiving may terminate upon entry of an Order of Adoption. It is
suggested that you contact the agency where funds are received to determine if the benefits will continue after the
adoption has been granted.
Lincoln Hall of Justice
1025 E. Forest Avenue
Detroit, MI 48207
(313)-833-1880
2
Step 2: Preparing the Required Documentation
Use the checklist on page 1, along with the table below, to ensure that you have all required documentation prior to
scheduling your filing appointment. Items marked with a “*” will be retained by the Court—these documents will not be
returned if the adoption is granted. If the requirements indicate that a certified or true copy is required, photocopies will
not be accepted.
Birth & Death Certificates
1.
Adoptee’s Birth
Certificate*
Certified or True Copy.
2.
Petitioners’ Birth
Certificates
Certified or True Copy.
3.
Death Certificate(s)*
Certified or True Copy. Submitted if either legal parent is deceased.
4.
Birth/Death Certificate
Certified or True Copy. Submitted by a petitioner who is related to the child to prove the
familial relationship.
Marriage Certificates & Divorce Decrees
5.
Petitioners’ Marriage
Certificate
Certified or True Copy. Required even if the spouse is not jointly adopting the child.
6.
ALL previous
Marriage Certificates
Certified or True Copy/Copies. A Marriage Certificate must be submitted for any/all
marriages entered into by either petitioner.
7.
ALL previous Divorce
Decrees
Certified or True Copy/Copies. A Divorce Decree must be submitted for any/all divorces
by either petitioner—
a second marriage certificate is not enough to verify that the first
marriage was properly dissolved.
Background Check Documentation
8.
Central Registry
Clearance(s)
Clearances may be requested at any local Department of Human Services (DHS) office, or
at DHS South Central Operations, 1801 E. Canfield, Detroit, MI 48207. If the petitioner
is female, clearances must be completed under both her married and maiden name,
and ANY other previous names. Clearances must be obtained for ALL household
members 18 years of age or older.
9.
Clearances from any
Past Criminal
Convictions or any
Alcohol-Related
Traffic Offenses*
The Court will not accept a Petition for Adoption if a petitioner has been convicted of any
of the following offenses:
Accosting, Enticing, or Soliciting Children for Immoral Purposes,
Production of Child Pornographic Material,
Criminal Sexual Conduct (I-IV), or
Assault with Attempt to Commit Criminal Sexual Conduct.
The Court, upon judicial review, may not grant a Petition for Adoption if any of the
following conditions exists:
Outstanding warrants,
T
hree or more traffic convictions involving alcohol without verifiable proof of
rehabilitation,
Any felony convictions within the past 10 years,
Protective service involvement with substantiated complaints within the last 5 years,
Support arrearages for children from previous relationships,
Pending criminal or child protection cases, or
Health or mental health problems that would restrict the petitioner from adopting.
Guardianship Documentation and Other Orders
10.
Petition and Order for
Authority to Adopt
from Probate Court
Before beginning the adoption process, you will need to contact the Probate Court to
obtain Authority to Adopt.
11.
Any/All Guardianship
Orders
The most recent guardianship order must indicate that no co-guardian exists.
12.
Any Name Change
Orders
If the child, any guardian, or any household member has ever had a legal name change,
the court order authorizing the name change must be submitted.
3
13.
Acknowledgment of
Paternity or Order of
Filiation*
Certified or True Copy.
14.
Support Orders*
If the petitioner(s) have children from a previous relationship, a Friend of the Court
letter/summary detailing the status of child support must be submitte
d. This
letter/summary must include payment and arrearage information.
Non-U.S. Citizen Documentation (if applicable)
15.
Resident Alien Card,
Visa from Immigration
& Naturalization
Services,
Naturalization
Documentation
Certified/Originals. Documents must be valid/current (non-expired).
Other Documentation
16.
Copy of Letter to
Parents AND the
Certified Return
Receipt Card.*
You must send to the parents of the child a letter by certified mail notifying them of your
intent to adopt the child. You must submit to the Adoptions Unit:
A copy of the letter
The certified return receipt card signed by the parents
17.
Medical Clearances*
Medical clearances must be:
provided for ALL household members
signed by the physician within the past 12 months (electronic signatures accepted)
18.
Three Personal
References*
References must be:
non-family members
non-household members
signed and dated by the reference within the past 12 months.
19.
Completed Adoption
Report*
(MJC 1078. attached)
You must complete this entire form and sign using your FULL NAME—First, Middle,
and Last.
20.
Proof of Residence
You must have current, valid identification proving that you are a resident of Wayne
County.
21.
Letter of Explanation*
If you (the guardian) are married, but your spouse is not adopting the child with you, a
letter must be submitted to the court explaining why the spouse is not adopting, and why
adoption by one parent, rather than both, serves the child’s best interests.
Payment of Fees
22.
Filing Fee(s)
A $160.00 (per adoptee) filing fee payable either by cash, money order, or attorney
check, must be paid at the time the Petition for Adoption is filed. PERSONAL CHECKS
ARE NOT ACCEPTED.
Money orders and attorney checks should be made payable to
the Wayne County Clerk.
The filing fee may
be waived, if the petitioner is receiving public assistance or is on a
fixed income. Verifiable proof of income (i.e. current Medicaid Card for the family, pay
stubs, income tax returns for the prior year) must be submitted at the time of filing.
23.
Birth Certificate Fees
For adoptees born in Michigan, a check or money order payable to the State of Michigan
in the amount of $50.00 (per adoptee), to cover the processing and issuance of the new
birth certificate must be paid. Additional copies may be purchased for $16.00 per copy.
For adoptees born outside the State of Michigan, the fee for the new birth certificate varies
from state to state.
The fee for the new birth certificate(s) cannot be waived.
4
Step 3: Scheduling an Appointment
The Court and Adoption Unit’s Contact information is as follows:
Lincoln Hall of Justice
1025 E. Forest Avenue
Detroit, MI 48207
Adoptions Unit
(313)-833-1880
Building B, Room 414 (Fourth Floor)
Hours: 8:30am - 4:30pm
To schedule an appointment to file your adoption petition, please call the Adoptions Unit at the number provided
above. Appointments can be made between the hours of 8:30a.m. and 4:00p.m., Monday through Friday.
If you require a language interpreter, please make this request at the time you schedule your appointment. The
court will request an interpreter to be present at the appointment on your behalf.
You must be present at the scheduled appointment time, unless being represented by an attorney. If you have
retained an attorney, the attorney must review the “Attorney Instructions” packet and prepare the required forms.
The packet is available by clicking here, or by visiting www.3rdcc.org
, and navigating to the Family Juvenile
Division, Adoptions subpage.
During the scheduled office appointment all of the required documents will be screened and clearances/record
checks will be completed in the following areas:
o Juvenile neglect/delinquency
o LEIN system (criminal) – search conducted after the petition has been filed.
o Friend of the Court (domestic) – search conducted after the petition has been filed.
Please call ahead if you have questions regarding any of the documentation required. Failure to provide all
necessary documents will require a follow-up appointment to be scheduled, where you will have to appear
personally again.
Step 4: Participating in Home Assessment
All relative/guardian adoptions require that a home assessment be completed prior to an adoption being finalized.
Currently, these home assessments are conducted by the Michigan Children’s Law Center. Please note the following:
You will be contacted by the agency to set up a date for the home visit.
You must discuss the adoption process with the child(ren) before the Petition for Adoption is filed, and before the
scheduled home investigation.
ALL members of the home—both children and adults—must be available for the home investigation.
5
Step 5: Obtaining Consent and/or Petitioning the Court to Terminate Parental Rights
Parental rights may be terminated in one of three ways: voluntarily, partially voluntarily, or involuntarily. In any case, if
parental rights are terminated, the parent will have 21 days to appeal the court’s order terminating parental rights. In
addition, if the child-adoptee is fourteen years of age or older, he or she must consent to the adoption.
Voluntary Termination—Consent to Adoption by Both Parents (or one parent previously terminated or deceased)
A Consent to Adoption by Parent cannot be done until a Petition for Adoption has been filed. Parental consent is
not required if parental rights have already been terminated, or if the parent is deceased.
The Adoptions Unit will need actual verification through a conversation or mail correspondence that the parent(s)
is/are willing to consent.
A parent willing to consent who resides in Wayne County must appear personally at the Lincoln Hall of Justice,
10 25. E. Forest Avenue, Detroit, MI 48207 to execute the Consent to Adoption by Parent before a judge or
referee. Only the consenting parent needs to attend this hearing.
A parent willing to consent who resides outside of Wayne County will be mailed a Consent to Adoption by Parent
with instructions that the consent must be executed according to the laws of that county or state. Only the
consenting parent needs to attend the hearing, if applcable.
A child-adoptee who is consenting (14 years of age or older) must be accompanied by the parent or guardian
when executing the consent.
Any person who would like to consent to an adoption must report to the Adoptions Unit no later than
8:15am. Consent hearings are held daily, but only occur at 8:30am. Photo identification is required.
Partial Voluntary Termination—Consent to Adoption by Mother Only & No Legal Father
If the mother is willing to consent, and there is no legal father (only a putative or alleged father), the biological
mother must file a Petition for Hearing to Identify Father to Determine or Terminate His Rights when the Petition
for Adoption is filed. Other forms may be necessary and will be determined on a case by cases basis. A court
hearing will be scheduled at that time, in which the biological mother must appear. In this scenario the biological
mother must also be present with the guardian at the time of the initial adoption filing appointment.
This process is not appropriate if any of the following are true:
o The father is named on the child’s birth certificate, or the mother was married when the child was born;
o There is an Affidavit of Parentage or an Order of Filiation;
o There is a custody or support order in place for the child identifying the father; or
o Paternity has otherwise been established.
Involuntary Termination—Either Legal Parent is Unwilling to Consent to the Adoption
Involuntary termination of parental rights will only occur after the Petition for Adoption is filed, and a favorable
guardian home assessment by MCLC has been received. This procedure is only used when either the mother or
the legal father is unwilling to consent to the adoption.
The Adoptions Unit will make a referral to MCLC to initiate the termination of parental rights process. A court
hearing will be scheduled to determine whether or not parental rights will be terminated.
If the court terminates parental rights, but the adoption is not granted, the termination order will be set aside and
parental rights will be restored.
6
Step 6: Participating in Any Required Court Hearings & Finalizing the Adoption
After the Petition for Adoption has been filed, a favorable home assessment has been received, and parental rights
have been terminated, the assigned judge will review the file and do any one of the following:
o Finalize the adoption administratively—without a hearing.
o Order that a hearing be scheduled to address any issues or concerns.
o If a hearing is held, the judge may, at the end of the hearing, decide to finalize the adoption, deny the
adoption, or place the case in supervision for a certain period of time before finalizing or denying the
adoption. If the case is placed into supervision, another hearing may be scheduled once supervision has
ended.
The Adoptions Unit will notify you if/when your adoption is finalized. The Order of Adoption will be mailed to
the address you provided. The birth certificate forms and payment will be sent directly to Lansing, Michigan for
processing. New birth certificates reflecting the adoptive parents’ names and the child’s adoptive name will be
mailed directly from Lansing to the address you provided on the form.
Once the adoption is finalized, any request for information related to the adoption may be made to the Adoption
Unit’s Post Adoptions Specialist, available at (313)-833-0032.
Attached Documents:
Adoption Report (MJC 1078)
Medical Clearance Forms
o Physician’s Report for Adoptive Applicant (Guardian)
o Physician’s Report for a Child
Notes:
7
STATE OF MICHIGAN
THIRD CIRCUIT COURT
WAYNE COUNTY
ADOPTION REPORT
FILE NO.
Complete this entire form. Print or type the entire report. If certain areas do not apply, write or type N/A. If
more space is needed, use the back side of the form.
PETITIONERS INFORMATION
PETITIONER 1
PETITIONER 2
Name
(First, Middle, Last)
Birth Date
Social Security Number
Driver License Number
Address
City, State and Zip
Telephone Number
Petitioner’s Mother’s Name
and Date of Birth
(Parent of person adopting)
Petitioner’s Father’s Name
And Date of Birth
(Parent of person adopting)
Education Level
(Name of School & Grade
Completed)
Employer
Job Title
Current Yearly Income
Military History
(if yes, indicate
date of discharge)
Chronic or Terminal Illnesses
Date of Last Physical Exam
All Previous Marriages (if yes,
name of spouse(s)
Has support been ordered for
any other child from a
previous marriage or
relationship?
List all Criminal Convictions
4
Are there any pending
warrants for your arrest? (If
yes, list the district of the offense.)
List all Alcohol-Related
Traffic Convictions
Child Protective Services
Involvement
Did the biological/custodial
parent ever receive aid from
the State? If yes, when?
(Step-Parent adoptions only).
Have you previously been
approved to adopt a child?
If so, when? Also, if an
agency was involved, please
name the agency.
Are you currently, or have
you ever been a licensed
foster parent? If so, through
which agency?
ADOPTEE INFORMATION
(Child(ren) to be Adopted)
Name (First, Middle and Last)
Date of Birth
Social Security Number
Place of Birth
(city, county, state)
Length of time in home
Physical Health
Grade in School
Hobbies
Adoptee’s feelings regarding
the Adoption
Gender
(M or F )
& Race
Is the adoptee a Native
American Indian, if so, which
tribe.
Marital Status
(only applicable
for Adult Adoptions: single married,
divorced, separated or widowed).
5
ALL OTHER ADULTS CURRENTLY
RESIDING IN THE HOME
NAME
GENDER
(Male/Female)
RACE
MARITAL
STATUS
SOCIAL
SECURITY
NUMBER
DATE OF
BIRTH
ALL OTHER CHILDREN CURRENTLY RESIDING IN THE HOME
NAME
GENDER
(Male/Female)
RACE
SOCIAL SECURITY
NUMBER
DATE OF BIRTH
6
BIRTH PARENT INFORMATION
BIOLOGICAL FATHER
BIOLOGICAL MOTHER
Name
(First, Middle, Last)
Birth Date
Social Security Number
Address
City, State and Zip
Name of Mother of Biological
Parent
Name of Father of Biological
Parent
Siblings of Biological Parent
Education Level
(Name of School & Grade
Completed)
Physical Description
Current Employment
Current Marital Status
Name of Spouse
Names of other children from
previous or current
relationships/marriages
Chronic or Terminal Illnesses
Did the biological mother ever
receive aid from the State? If
yes, when?
N/A
Race
Falsification of any information on this form may result in the Petition for Adoption being denied.
Petitioner’s Signature
Date
Petitioner’s Signature (if two-parent adoption)
Date
MJC 1078 (01/2016)
7
PHYSICIAN’S REPORT FOR ADOPTIVE APPLICANT
Third Circuit Court of Michigan Re:
Family Division - Juvenile Section DOB:
Detroit, MI 48207-1098
Dear Dr. ,
I hereby authorize you to release to the Third Circuit Court of Michigan Family Division - Juvenile Section,
Adoptions Unit, information regarding my current and past physical and mental health.
Sincerely,
TO BE COMPLETED BY THE PHYSICIAN
Date of physical examination Length of time know to physician
ANY HISTORY OF:
Alcohol or Drug Dependency Diabetes
Cardiac Disease Mental Illness
Cancer Depression
Epilepsy Allergies
Diseases, injuries, surgeries, disabilities, or medical conditions not referred to above:
Remarks on health history:
CURRENT HEALTH STATUS:
Height Blood Pressure
Weight Vision
Heart Hearing
Lungs Abdomen
Medication currently prescribed; dosage and purpose:
Essential findings that are deviations from normal:
HIV information (optional):
Remarks on medical examination (on the basis of the medical history and present physical condition,
please state any medical concerns you may have regarding this adoptive applicant):
Would you like to discuss this information with a Social Worker? Yes No
PLEASE PRINT OR TYPE
Physician’s Name
PHYSICIAN’S SIGNATURE
Address
City, State, Zip Code Telephone Number
Adoptions Unit
1025 E. Forest Avenue
PHYSICIAN’S REPORT FOR A CHILD
Third Circuit Court of Michigan Re:
Family Division - Juvenile Section DOB:
Detroit, MI 48207-1098
Dear Dr. ,
I hereby authorize you to release to the Third Circuit Court of Michigan Family Division - Juvenile Section, Adoptions Unit,
information regarding my current and past physical and mental health.
Sincerely,
TO BE COMPLETED BY THE PHYSICIAN
Date of physical examination Length of time know to physician
Diseases or illnesses known or treated by you in the last five years:
CURRENT HEALTH STATUS:
Height Weight
Medications currently prescribed; dosage and purpose:
ANY HISTORY OF:
Allergies Asthma
Other
Childhood Diseases:
Hospitalizations, operations, or injuries:
HIV information (optional):
IMMUNIZATIONS DATES OF ORIGINAL SERIES BOOSTERS
DPT
Polio
MMR
HIB
Hepatitis B
Chicken Pox
Remarks on medical examination (on the basis of the medi
cal history and present physical condition, please state any
m
edical concerns you may have regarding this child):
Would you like to discuss this information with a Social Worker: Yes No
PLEASE PRINT OR TYPE
Physician’s Name
PHYSICIAN’S SIGNATURE
Address
City, State, Zip Code Telephone Number
1025 E. Forest Avenue
Adoptions Unit
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Filing Instructions for Guardian Adoptions (Third Judicial Circuit of Michigan)

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