Michigan Senate Bill SB0434

Michigan 2023-2024 Regular Session

• Introduced: 6/28/23
• Refer: 6/28/23
• Report Pass: 10/3/23
• Refer: 10/3/23

Caption

Children: services; reference to “children’s ombudsman” in the probate code of 1939; amend to “child advocate”. Amends secs. 67 & 68, ch. X & sec. 19b, ch. XIIA of 1939 PA 288 (MCL 710.67 et seq.). TIE BAR WITH: SB 0432'23

Impact

The proposed changes in SB 434 reflect an attempt to streamline processes within the adoption system while protecting the rights and privacy of all parties involved. By clarifying the role of the children's ombudsman, the bill aims to enhance oversight in cases where a child's welfare may be at risk. Furthermore, the bill emphasizes the importance of non-disclosure of sensitive information, particularly concerning the identities of biological parents, unless specifically permitted by a court. These measures can strengthen the integrity of adoption processes in Michigan.

Summary

Senate Bill 434 seeks to amend specific provisions within the Probate Code of 1939 relating to adoption records, parental rights, and the involvement of the children's ombudsman. This bill specifically updates sections 67 and 68 as well as section 19b of chapter XIIA, which detail how adoption proceedings are handled, the protection of records, and the roles of various parties involved in adoption cases. A significant change is the clarification of the children's ombudsman's powers to inspect closed adoption records for investigative purposes, ensuring confidentiality and promoting child advocacy in such sensitive matters.

Contention

Debate surrounding SB 434 centers on the extent of the children's ombudsman's access to closed adoption records and how this might impact the confidentiality of private family matters. Proponents argue that granting access to the ombudsman is essential for safeguarding children's interests and ensuring accountability. However, critics express concerns that such access might lead to breaches of privacy or unintended consequences for families involved in adoption. Hence, the bill represents a balancing act between child advocacy and the rights of adoptive and biological families.