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Michigan Compiled Laws - Probate Code

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• Repealed. 1952, Act 34, Eff. Sept. 18, 1952;--1970, Act 143, Eff. Jan. 1, 1971;--1978, Act 543, Eff. July 1, 1979;--1978, Act 642, Eff. July 1, 1979. - Mich. Comp. Laws
• Repealed. 1978, Act 642, Eff. July 1, 1979. - Mich. Comp. Laws
• Repealed. 1949, Act 125, Eff. Sept. 23, 1949;--1978, Act 642, Eff. July 1, 1979. - Mich. Comp. Laws
• Repealed. 1976, Act 262, Imd. Eff. Oct. 1, 1976;--1978, Act 642, Eff. July 1, 1979. - Mich. Comp. Laws
• Repealed. 1978, Act 642, Eff. July 1, 1979. - Mich. Comp. Laws
• Repealed. 1978, Act 642, Eff. July 1, 1979. - Mich. Comp. Laws
• Repealed. 1978, Act 642, Eff. July 1, 1979. - Mich. Comp. Laws
• Repealed. 1978, Act 642, Eff. July 1, 1979. - Mich. Comp. Laws
• Repealed. 1978, Act 642, Eff. July 1, 1979. - Mich. Comp. Laws
• Repealed. 1974, Act 296, Eff. Jan. 1, 1975. - Mich. Comp. Laws
• Short Title of Act; Michigan Adoption Code - Mich. Comp. Laws Section 710.21
  (1) This act shall be known and may be cited as the "probate code of 1939". (2) This chapter shall be known and may...
• General Purposes of Chapter - Mich. Comp. Laws Section 710.21a
  The general purposes of this chapter are: (a) To provide that each adoptee in this state who needs adoption services receives those services. (b)...
• Court Order or Decree Issued in Another Country; Rights and Obligations of Parties - Mich. Comp. Laws Section 710.21b
  A court order or decree establishing the relationship of parent and child by adoption and issued by a court in another country is presumed...
• Definitions - Mich. Comp. Laws Section 710.22
  As used in this chapter: (a) "Adoptee" means the individual who is to be adopted, regardless of whether the individual is a child or...
• Adoption Placement or Issuance of Order Prohibited; Convictions - Mich. Comp. Laws Section 710.22a
  A child shall not be placed with a prospective adoptive parent and an adoption order shall not be issued if a person authorized to...
• Hearing Appeal Brought Under Mcl 400.115k; Powers of Court - Mich. Comp. Laws Section 710.23
  The court has jurisdiction to hear an appeal brought under section 115k of the social welfare act, Act No. 280 of the Public Acts...
• Direct Placement by Parent or Guardian of Child for Adoption; Temporary Placement; Formal Placement; Selection by Parent or Guardian Not Delegated; Information to Be Provided by Prospective Adoptive Parent, Adoption Attorney, or Child Placing Agency; Placement of Child With Stepparent or Relative; Attendance of Child At Hearing - Mich. Comp. Laws Section 710.23a
  (1) A parent or guardian having legal and physical custody of a child may make a direct placement of the child for adoption by...
• Placement of Child by Child Placing Agency or Department of Social Services; Written Authorization From Parent or Guardian for Temporary Placement; Assistance; Involvement of Parent or Guardian in Selection of Adoptive Parent; Validity of Authorization - Mich. Comp. Laws Section 710.23b
  (1) A child placing agency or the department that acquires legal and physical custody of a child pursuant to section 29 of this chapter...
• Placement of Child by Court - Mich. Comp. Laws Section 710.23c
  A court that acquires legal and physical custody of a child pursuant to chapter XIIA may formally place a child for adoption under section...
• Temporary Placement; Procedures - Mich. Comp. Laws Section 710.23d
  (1) In a direct placement, a parent or guardian with legal and physical custody of a child may make a temporary placement of the...
• Temporary Placement; Hearing to Determine Custody; Petition; Ex Parte Order to Return Child to Parent or Guardian; Petition Requesting Court Jurisdiction; Temporary Disposition; Powers of Court; Act as Exclusive Remedy - Mich. Comp. Laws Section 710.23e
  (1) Not later than 14 days after the filing of a petition by the prosecutor as required by section 23d(4) of this chapter, by...
• Preplacement Assessment - Mich. Comp. Laws Section 710.23f
  (1) In a direct placement, an individual seeking to adopt may request, at any time, that a preplacement assessment be prepared by a child...
• Petition for Adoption; Filing; Jurisdiction; Verification; Contents; Preplacement Assessments; Omission of Certain Identifying Information - Mich. Comp. Laws Section 710.24
  (1) Except as otherwise provided in this section, if a person desires to adopt a child or an adult and to bestow upon the...
• Interested Parties; Appointment of Guardian to Defeat Parent's Status as Interested Party - Mich. Comp. Laws Section 710.24a
  (1) Interested parties in a petition for adoption are all of the following: (a) The petitioner or petitioners. (b) The adoptee, if over 14...
• Proceedings; Priority; Disposition; Adjournment or Continuance - Mich. Comp. Laws Section 710.25
  (1) All proceedings under this chapter shall be considered to have the highest priority and shall be advanced on the court docket so as...
• Documentation Required; Informing Adoptee and Adoptive Parents of Mcl 710.27a, 710.27b, 710.68, 710.68a, and 710.68b; Applicability of Subsection (2); Providing Adoptee and Adoptive Parents With List of Adoption Support Groups; Applicability of Subsection (3) - Mich. Comp. Laws Section 710.26
  (1) Subsequent to or concurrent with the filing of the adoption petition but before the hearing on the petition by the court, the petitioner,...
• Nonidentifying Information to Be Provided Prospective Adoptive Parent; Time of Submission; Supplemental Information; Compilation; Maintenance; Transmission; Destruction of Information as Misdemeanor; Forwarding Adoption Records; Adoptions to Which Section Applicable; Exchanging Identifying Information - Mich. Comp. Laws Section 710.27
  (1) Before placement of a child for adoption, a parent or guardian, a child placing agency, the department, or the court that places the...
• Statement Consenting to or Denying Release of Identifying Information; Statement Providing Notice That Former Parent Deceased; Statement Releasing Adult Former Sibling's Name and Address; Presumption of Release of Certain Identifying Information - Mich. Comp. Laws Section 710.27a
  (1) A former parent, including a former parent whose parental rights were terminated under chapter XII of this act, may file with the central...
• Central Adoption Registry; Establishment; Maintenance; Statements to Be Kept on File; Forms; Transmission of Clearance Reply; Attachments; Transmission of Statement Releasing Former Adult Sibling's Name and Address - Mich. Comp. Laws Section 710.27b
  (1) The department shall establish and maintain a central adoption registry to control the release of identifying information described in section 27(3). (2) The...
• Release; Persons Authorized to Execute; Release to Child Placing Agency or Department; Advising Parent or Guardian of Child Placing Agencies; Advising Agencies of Child's Availability for Adoption; Release of Child by Agency to Department; Child as State Ward; Proof Accompanying Release - Mich. Comp. Laws Section 710.28
  (1) Subject to this section and section 29 of this chapter, a release shall be executed: (a) By each parent of a child to...
• Release; Separate Instrument; Persons Before Whom Release Executed and Acknowledged; Execution in Another State or Country; Investigation; Explaining Legal Rights to Parent or Guardian; Order Terminating Rights; Order Committing Child; Foster Care Funding; Termination of Jurisdiction; Hearing to Consider Revocation of Release - Mich. Comp. Laws Section 710.29
  (1) Except as otherwise provided in this section, a release shall be by a separate instrument executed before a judge of the court or...
• Child Born Out of Wedlock; Inability to Obtain Release or Consent of Natural Father; Release by Mother; Petition of Dependency or Neglect; Order Authorizing Temporary Care; Delaying Formal Execution of Mother's Release - Mich. Comp. Laws Section 710.31
  (1) Except as provided in section 23d of this chapter, if a child is born out of wedlock and the release or consent of...
• Notice of Intent to Claim Paternity - Mich. Comp. Laws Section 710.33
  (1) Before the birth of a child born out of wedlock, a person claiming under oath to be the father of the child may...
• Ex Parte Petition Evidencing Intent to Release or Consent; Notice of Intent to Release or Consent; Form - Mich. Comp. Laws Section 710.34
  (1) In order to provide due notice at the earliest possible time to a putative father who may have an interest in the custody...
• Hearing to Determine Whether Child Born Out of Wedlock and to Determine Identity and Rights of Father; Filing Proof of Service of Notice of Intent or Acknowledgment; Copy of Notice of Intent to Claim Paternity; Notice of Hearing; Contents; Filing Proof of Service of Notice of Hearing; Waiver; Evidence of Identity; Adjournment of Proceedings - Mich. Comp. Laws Section 710.36
  (1) If a child is claimed to be born out of wedlock and the mother executes or proposes to execute a release or consent...
• Termination of Rights of Putative Father - Mich. Comp. Laws Section 710.37
  (1) If the court has proof that the person whom it determines pursuant to section 36 to be the father of the child was...
• Inquiry Into Fitness of Putative Father; Determining Best Interests of Child; Termination of Rights of Putative Father; Order Granting Custody to Putative Father and Legitimating Child; Fee; Report - Mich. Comp. Laws Section 710.39
  (1) If the putative father does not come within the provisions of subsection (2), and if the putative father appears at the hearing and...
• Conditions to Placing Child in Home for Purpose of Adoption; Adoption by Foster Parent or by Petitioner Married to Parent Having Legal Custody - Mich. Comp. Laws Section 710.41
  (1) Except as provided in section 23d of this chapter, a child shall not be placed in a home for the purpose of adoption...
• Consent to Adoption; Persons Authorized to Execute - Mich. Comp. Laws Section 710.43
  (1) Subject to this section and sections 44 and 51 of this chapter, consent to adoption of a child shall be executed: (a) By...
• Consent to Adoption; Separate Instrument; Persons Before Whom Consent Executed and Acknowledged; Execution in Another State or Country; Investigation; Explaining Legal Rights of Parent or Guardian; Conditions to Execution of Adoptee's Consent to Adoption - Mich. Comp. Laws Section 710.44
  (1) Except as otherwise provided in this section, the consent required by section 43 of this chapter shall be by a separate instrument executed...
• Withholding of Consent by Representative or Court; Motion by Petitioner; Decision by Court; Termination of Rights; Entering Orders; Appeal - Mich. Comp. Laws Section 710.45
  (1) A court shall not allow the filing of a petition to adopt a child if the consent of a representative or court is...
• Investigation; Considerations; Report; Waiver - Mich. Comp. Laws Section 710.46
  (1) Upon the filing of an adoption petition, the court shall direct a full investigation by an employee or agent of the court, a...
• Repealed. 1980, Act 288, Eff. Oct. 17, 1980. - Mich. Comp. Laws
• Order Terminating Rights of Parents or Person in Loco Parentis; Extension of Time; Conditions; Child as Ward of Court; Termination of Jurisdiction; Marriage of Petitioner to Parent Having Legal Custody; Placement Without Making Child Ward of Court; Evidence; Order Terminating Rights of Divorced or Unmarried Parent Not Having Legal Custody; Conditions; Consent to Services for Child by Prospective Adoptive Parents - Mich. Comp. Laws Section 710.51
  (1) Not later than 14 days after receipt of the report of investigation, except as provided in subsections (2) and (5), the judge shall...
• Supervision of Child; Reports - Mich. Comp. Laws Section 710.52
  (1) Subject to subsection (2), during the period before entry of the order of adoption, the child shall be supervised at the direction of...
• Prohibitions as to Money or Other Consideration or Thing of Value; Statement; Compensation for Certain Activities Prohibited; Payment of Charges; Documents Filed With Court; Assuring Compliance; Approval of Fees and Expenses; Violation - Mich. Comp. Laws Section 710.54
  (1) Except for charges and fees approved by the court, a person shall not pay or give, offer to pay or give, or request,...
• Persons Authorized to Place Child for Adoption or Solicit Biological or Adoptive Parents; Violation as Misdemeanor; Penalty; "solicit" Defined - Mich. Comp. Laws Section 710.55
  (1) Only a person specified in sections 23a(1), 23b(1), and 23c of this chapter may place a child for adoption. Only a prospective adoptive...
• Representation by Attorney - Mich. Comp. Laws Section 710.55a
  (1) An attorney shall not represent a party in a direct placement adoption unless the attorney is an adoption attorney. An attorney or law...
• Order of Adoption; Time; Waiver; Extension of Time; Hearing; Effect of Filing Petition for Rehearing or Appeal From Order Terminating Parental Rights; Conditions; Adoption of Adult - Mich. Comp. Laws Section 710.56
  (1) Six months after formal placement under section 51, unless the court determines that circumstances have arisen that make adoption undesirable, the court may...
• Repealed. 2008, Act 331, Eff. Dec. 18, 2008. - Mich. Comp. Laws
• Order of Adoption; Certified Copies - Mich. Comp. Laws Section 710.58
  When the court enters an order of adoption, certified copies shall be given to the adopting parent or parents. If the consent to the...
• Information to Be Forwarded by Court; "primary Adoption Facilitator" and "public Information Form" Defined - Mich. Comp. Laws Section 710.58a
  (1) Beginning on the effective date of section 14c of Act No. 116 of the Public Acts of 1973, being section 722.124c of the...
• Changing Name of Adopted Child; Effect on Order of Adoption and Exemplification of Record - Mich. Comp. Laws Section 710.59
  Where the parents or surviving parent has given consent to an adoption and the petitioner desires to change the name of the adopted child,...
• Adoptee to Be Known and Called by New Name; Status and Liability of Persons Adopting Adoptee; Rights and Duties of Adopted Person; Adopted Person as Heir At Law; Order for Grandparenting Time - Mich. Comp. Laws Section 710.60
  (1) After the entry of an order of adoption, if the adoptee's name is changed, the adoptee shall be known and called by the...
• Effect of Denying Order of Adoption - Mich. Comp. Laws Section 710.62
  If the court denies an order of adoption, the court may return the child to the parents or original custodian and restore their rights,...
• Denial of Petition or Motion or Failure to Issue Order; Statement by Court - Mich. Comp. Laws Section 710.63
  A court that denies a petition or motion, or fails to issue an order under this chapter shall state the reason for that action...
• Rehearing; Modifying or Setting Aside Order; Entering Order With Respect to Original Hearing or Rehearing of Contested Matters - Mich. Comp. Laws Section 710.64
  (1) Upon the filing of a petition in court within 21 days after entry of any order under this chapter, and after due notice...
• Appeal to Court of Appeals; Staying Court Order Pending Appeal; Priority - Mich. Comp. Laws Section 710.65
  (1) A party aggrieved by an order that is entered by the court under this chapter, including an order entered after a rehearing, may...
• Adult Adoptee; Rescinding Adoption by Stepparent and Restoring Parental Rights of Parent; Rescission Petition; Filing New Certificate of Birth; Hearing; Certified Copies; Effect of Entry of Order of Rescission - Mich. Comp. Laws Section 710.66
  (1) If an adult adoptee who was adopted by a stepparent and the adult adoptee's parent whose rights have been terminated desire to rescind...
• Disposition of Adoption Records; Copying or Inspecting Records; Petition; Notice and Hearing; Granting or Denying Petition; Disclosing Names of Biological or Adoptive Parents; Certified Copy of New Birth Certificate; Powers and Duties of Children's Ombudsman - Mich. Comp. Laws Section 710.67
  (1) Except as otherwise provided in subsection (4) or in section 68 of this chapter, records of proceedings in adoption cases, including a notice...
• Nonidentifying and Identifying Information; Request; Availability; Release; Request for Adoption Record Information; Identity of Court or Child Placing Agency; Counseling; List of Adoption Support Groups; Transmitting Information of Medical or Genetic Condition; Return of Information Undelivered; Placement of Information in Adoption Files; Releasing or Transmitting Copies; Information Returned Undelivered; Notice to Department of Community Health; Sealing Original and Preparing New Birth Certificate; Release of Identifying Information as Misdemeanor; Adoptions to Which Section Applicable; "adult Adoptee" Defined; Fees; Waiver; Powers and Duties of Children's Ombudsman - Mich. Comp. Laws Section 710.68
  (1) Within 63 days after a request for nonidentifying information is received, a child placing agency, a court, or the department shall provide in...
• Providing Information Pamphlet, List of Adoption Support Groups, and Information About Mcl 710.27a, 710.27b, 710.68 and 710.68b; Placement of Requester's Current Address in Adoption Files - Mich. Comp. Laws Section 710.68a
  (1) The department, in cooperation with adoption support groups, shall develop and publish an information pamphlet explaining the release of information from adoption records...
• Definitions; Petition to Appoint Confidential Intermediary to Search for and Contact Former Family Member; Approval; Training; Oath of Confidentiality; Duties of Confidential Intermediary; Acceptance of Money or Other Value; Failure to Contact Former Family Member - Mich. Comp. Laws Section 710.68b
  (1) As used in this section: (a) "Former family member" means a parent, grandparent, or adult sibling related to the adult adoptee through birth...
• Violation of Mcl 710.41 as Felony - Mich. Comp. Laws Section 710.69
  A person who violates section 41 of this chapter is, upon conviction, guilty of a misdemeanor, and upon any subsequent conviction, is guilty of...
• Prior Adoption Proceedings or Orders of Adoption - Mich. Comp. Laws Section 710.70
  (1) Adoption proceedings commenced before January 1, 1975, shall be consummated according to the provisions of this chapter which were in effect at the...
• Order Changing Name of Adult, Minor, or Spouse and Minor Children - Mich. Comp. Laws Section 711.1
  (1) The family division of the circuit court for a county may enter an order to change the name of an individual who has...
• Fee; Certified Copy of Order - Mich. Comp. Laws Section 711.2
  The judge of the family division of circuit court shall require the person making a petition under section 1 of this chapter to pay...
• Publication or Availability of Record of Proceeding; Placement of Individual in Physical Danger; Violation as Misdemeanor; Exemption; "stalking" Defined - Mich. Comp. Laws Section 711.3
  (1) In a proceeding under section 1 of this chapter, the court may order for good cause that no publication of the proceeding take...
• Short Title of Chapter; Definitions - Mich. Comp. Laws Section 712.1
  (1) This chapter shall be known and may be cited as the "safe delivery of newborns law". (2) As used in this chapter: (a)...
• Newborn Surrendered to Emergency Service Provider; Court Jurisdiction; Effect of Other Provisions of Law; Immunity From Civil Action - Mich. Comp. Laws Section 712.2
  (1) The court has jurisdiction over a newborn who is surrendered to an emergency service provider as provided in section 3 of this chapter....
• Confidentiality - Mich. Comp. Laws Section 712.2a
  (1) A hearing under this chapter is closed to the public. A record of a proceeding under this chapter is confidential, except that the...
• Conduct of Emergency Service Provider - Mich. Comp. Laws Section 712.3
  (1) If a parent surrenders a child who may be a newborn to an emergency service provider, the emergency service provider shall comply with...
• Transfer of Newborn to Hospital; Physician Report of Abuse, Neglect, or Child Not a Newborn; Notice to Child Placing Agency - Mich. Comp. Laws Section 712.5
  (1) An emergency service provider that is not a hospital and that takes a newborn into temporary protective custody under section 3 of this...
• Duties of Child Placing Agency - Mich. Comp. Laws Section 712.7
  Upon receipt of notice from a hospital under section 5 of this chapter, the child placing agency shall do all of the following: (a)...
• Custody Action by Surrendering or Nonsurrendering Parent; Filing; Hearing; Determination of Paternity or Maternity - Mich. Comp. Laws Section 712.10
  (1) If a surrendering parent wants custody of a newborn who was surrendered under section 3 of this chapter, the parent shall, within 28...
• Blood or Tissue Typing or Dna Identification Profiling; Presumption; Costs; Dismissal of Custody Petition - Mich. Comp. Laws Section 712.11
  (1) In a petition for custody filed under this chapter, the court shall order the child and each party claiming paternity to submit to...
• Repealed. 2006, Act 488, Eff. Jan. 1, 2007. - Mich. Comp. Laws
• Determination of Custody; Basis; Newborn's Best Interest; Factors - Mich. Comp. Laws Section 712.14
  (1) In a custody action under this chapter, the court shall determine custody of the newborn based on the newborn's best interest. The court...
• Court Order - Mich. Comp. Laws Section 712.15
  Based on the court's finding under section 14 of this chapter, the court may issue an order that does 1 of the following: (a)...
• Release or Termination of Parental Rights to Newborn - Mich. Comp. Laws Section 712.17
  (1) A parent who surrenders a newborn under section 3 of this chapter and who does not file a custody action under section 10...
• Safe Delivery Program; Establishment - Mich. Comp. Laws Section 712.20
  The department of community health in conjunction with the department shall establish a safe delivery program. The safe delivery program shall include, but is...
• Definitions; Proceedings Not Considered Criminal Proceedings; Construction of Chapter - Mich. Comp. Laws Section 712A.1
  (1) As used in this chapter: (a) "Civil infraction" means that term as defined in section 113 of the revised judicature act of 1961,...
• Definitions; Proceedings Not Considered Criminal Proceedings; Construction of Chapter - Mich. Comp. Laws Section 712A.1.amended
  (1) As used in this chapter: (a) "Civil infraction" means that term as defined in section 113 of the revised judicature act of 1961,...
• Authority and Jurisdiction of Court - Mich. Comp. Laws Section 712A.2
  The court has the following authority and jurisdiction: (a) Exclusive original jurisdiction superior to and regardless of the jurisdiction of another court in proceedings...
• Continuing Jurisdiction Beyond Maximum Age; Voluntary Foster Care; Definitions - Mich. Comp. Laws Section 712A.2a
  (1) Except as otherwise provided in this section, if the court has exercised jurisdiction over a juvenile under section 2(a) or (b) of this...
• Violation of Vehicle Code or Corresponding Ordinance; Procedure - Mich. Comp. Laws Section 712A.2b
  When a juvenile is accused of an act that constitutes a violation of the Michigan vehicle code, Act No. 300 of the Public Acts...
• Court Order Authorizing Apprehension of Juvenile; Contents of Order; Interference With Execution of Order; Penalty - Mich. Comp. Laws Section 712A.2c
  The court may issue an order authorizing a peace officer or other person designated by the court to apprehend a juvenile who is absent...
• Juvenile to Be Tried as Adult; Designation by Prosecuting Attorney or Court; Factors; Probable Cause Hearing; Setting Case for Trial; Proceedings as Criminal Proceedings; Disposition or Imposition of Sentence; "specified Juvenile Violation" Defined - Mich. Comp. Laws Section 712A.2d
  (1) In a petition or amended petition alleging that a juvenile is within the court's jurisdiction under section 2(a)(1) of this chapter for a...
• Waiver of Jurisdiction Over Civil Infractions; Agreement - Mich. Comp. Laws Section 712A.2e
  (1) The court may enter into an agreement with any or all district courts or municipal courts within the court's geographic jurisdiction to waive...
• Criminal Charge Against Person Under Age 17; Transfer of Case to Family Division of Circuit Court - Mich. Comp. Laws Section 712A.3
  (1) If during the pendency of a criminal charge against a person in any other court it is ascertained that the person was under...
• Prior Order of Another Court Affecting Child's Welfare; Notice, Filing, Service, Disclosure - Mich. Comp. Laws Section 712A.3a
  When any order affecting the welfare of a child is entered under this chapter by the judge of probate in any case where the...
• Waiver of Jurisdiction When Child of 14 or Older Accused of Felony - Mich. Comp. Laws Section 712A.4
  (1) If a juvenile 14 years of age or older is accused of an act that if committed by an adult would be a...
• Jurisdiction Over Juvenile After 18 Years of Age - Mich. Comp. Laws Section 712A.5
  The court does not have jurisdiction over a juvenile after he or she attains the age of 18 years, except as provided in section...
• Jurisdiction; Adults - Mich. Comp. Laws Section 712A.6
  The court has jurisdiction over adults as provided in this chapter and as provided in chapter 10A of the revised judicature act of 1961,...
• Hearing; Attendance by Parent or Guardian Required; Exception; Failure to Attend - Mich. Comp. Laws Section 712A.6a
  The parent or guardian of a juvenile who is within the court's jurisdiction under section 2(a)(1) of this chapter shall attend each hearing held...
• Order Affecting Nonparent Adult - Mich. Comp. Laws Section 712A.6b
  (1) The court may issue an order that affects a nonparent adult and that does 1 or more of the following: (a) Requires the...
• Juvenile Division of Probate Court; Register of Probate; Appointment, Duties, Salary - Mich. Comp. Laws Section 712A.7
  The judge of probate may appoint the register of probate, a deputy probate register, or clerk of his court as register of the juvenile...
• County Agent; Creation of Office; Duties; Assistants - Mich. Comp. Laws Section 712A.8
  The office of county agent is created. The county agent is an officer of the court and under the general supervision of the judges...
• Probation Officers; Appointment, Compensation, Duties; Notification to Social Welfare Office - Mich. Comp. Laws Section 712A.9
  The judge of probate in each county may appoint 1 or more suitable persons of good character and qualified training or experience, other than...
• Probation - Mich. Comp. Laws Section 712A.9a
  If the court acting under section 18(1)(n) of this chapter imposes a sentence of probation in the same manner as probation could be imposed...
• Designation of Probation Officer or County Agent as Referee; Duties of Referee - Mich. Comp. Laws Section 712A.10
  (1) Except as otherwise provided in subsection (2) and sections 14, 14a, and 14b of this chapter, the judge may designate a probation officer...
• Preliminary Inquiry; Petition; Effect of Juvenile Attaining Seventeenth Birthday; Fingerprints; Amendment of Petition or Other Court Record; Offer of Court Services - Mich. Comp. Laws Section 712A.11
  (1) Except as provided in subsection (2), if a person gives information to the court that a juvenile is within section 2(a)(2) to (6),...
• Examination of Child; Hearing; Summons - Mich. Comp. Laws Section 712A.12
  After a petition shall have been filed and after such further investigation as the court may direct, in the course of which the court...
• Service of Summons - Mich. Comp. Laws Section 712A.13
  Service of summons may be made anywhere in the state personally by the delivery of true copies thereof to the persons summoned: Provided, That...
• Definitions; Petition; Release of Juvenile; Order Removing Abusive Person From Home; Placement of Child; Foster Care; Conditions; Duty of Court to Inform Parties; Criminal Record Check and Central Registry Clearance; Family - Like Setting; Parenting Time; Review and Modification of Orders and Plans; Release of Information; Information Included With Order; "Abuse" Defined - Mich. Comp. Laws Section 712A.13a
  (1) As used in this section and sections 2, 6b, 13b, 17c, 17d, 18f, 19, 19a, 19b, and 19c of this chapter: (a) "Agency"...
• Change in Foster Care Placement - Mich. Comp. Laws Section 712A.13b
  (1) If a child under the court's jurisdiction under section 2(b) of this chapter, or under MCI jurisdiction, control, or supervision, is placed in...
• Officers or County Agent Authorized to Take Child Into Custody; Notice; Detention Facility; Release of Child; Preliminary Hearing; Order; Placement of Child; Foster Care Home Services - Mich. Comp. Laws Section 712A.14
  (1) Any local police officer, sheriff or deputy sheriff, state police officer, county agent or probation officer of any court of record may, without...
• Immediate Removal of Child Without Court Order; Conditions; Placement Order Pending Preliminary Hearing; Issuance of Placement Order by Designated Judge or Referee; "Officer" Defined - Mich. Comp. Laws Section 712A.14a
  (1) If there is reasonable cause to believe that a child is at substantial risk of harm or is in surroundings that present an...
• Ex Parte Order Authorizing Immediate Protective Custody of Child - Mich. Comp. Laws Section 712A.14b
  (1) Upon receipt electronically or otherwise of a petition or affidavit of facts, a judge or referee may issue a written ex parte order,...
• Detention of Child Pending Hearing; Release of Child; Petition; Limitation on Custody of Child Pending Hearing; Detention in Secure Facility, Cell, or Other Secure Area Designed to Incarcerate Adults; Exception - Mich. Comp. Laws Section 712A.15
  (1) In the case of a child concerning whom a complaint has been made or a petition has been filed pursuant to this chapter,...
• Detention and Care of Juvenile - Mich. Comp. Laws Section 712A.16
  (1) If a juvenile under the age of 17 years is taken into custody or detained, the juvenile shall not be confined in any...
• Repealed. 1963, Act 214, Imd. Eff. May 17, 1963. - Mich. Comp. Laws
• Hearing; Informality; Adjournment; Transcript; Jury; Giving Security for Appearance of Juvenile; Appearance by Prosecuting Attorney; Legal Consultant or Legal Representation; Admitting Foster Care Review Board Member to Hearing; Closing Hearing to Members of General Public; "juvenile Witness" Defined - Mich. Comp. Laws Section 712A.17
  (1) The court may conduct a hearing other than a criminal hearing in an informal manner. The court shall require stenographic notes or another...
• Hearings; Record, Tape Recordings, Transcription - Mich. Comp. Laws Section 712A.17a
  In any case in which a record of the hearing is kept by a recording device, no transcription need be made of the hearing...
• Definitions; Proceedings to Which Section Applicable; Use of Dolls or Mannequins; Support Person; Notice; Videorecorded Statement; Shielding of Witness; Videorecorded Deposition; Special Arrangements to Protect Welfare of Witness; Section Additional to Other Protections or Procedures - Mich. Comp. Laws Section 712A.17b
  (1) As used in this section: (a) "Custodian of the videorecorded statement" means the family independence agency, investigating law enforcement agency, prosecuting attorney, or...
• Advising Child or Respondent of Right to Attorney; Appointment of Attorney; Waiver; Appointment of Lawyer - Guardian Ad Litem; Costs; Service Until Discharged by Court; Assistance to Court - Mich. Comp. Laws Section 712A.17c
  (1) In a proceeding under section 2(a) or (d) of this chapter or a proceeding regarding a supplemental petition alleging a violation of a...
• Lawyer - Guardian Ad Litem; Powers and Duties - Mich. Comp. Laws Section 712A.17d
  (1) A lawyer-guardian ad litem's duty is to the child, and not the court. The lawyer-guardian ad litem's powers and duties include at least...
• Orders of Disposition; Reimbursement; Hearing; Guidelines and Model Schedule; Restitution; Condition of Probation; Community Service; Fingerprints; Report to State Police; Payment of Assessment; Registration of Juvenile Provided in Mcl 28.721 to 28.736; Release From Placement in Juvenile Boot Camp; Alternative Order of Disposition; Imposition of Sentence in County Jail Facility; Violation of Personal Protection Order; Costs; Remission - Mich. Comp. Laws Section 712A.18
  (1) If the court finds that a juvenile concerning whom a petition is filed is not within this chapter, the court shall enter an...
• Placement or Commitment of Ward of the Court to Out - of - State Institutions - Mich. Comp. Laws Section 712A.18a
  If desirable or necessary, the court may place a ward of the court in or commit a ward of the court to a private...
• Reimbursement Order; Failure to Comply, Contempt of Court; Assignment of Wages - Mich. Comp. Laws Section 712A.18b
  Whenever the court under section 18 of this act enters a reimbursement order and the parent or other adult legally responsible for the care...
• Retention of Jurisdiction of Child Committed Under Mcl 712a.18(1)(e); Effective Date of Subsection (2); Annual Review; Release of Child - Mich. Comp. Laws Section 712A.18c
  (1) If a child is committed under section 18(1)(e) of this chapter for an offense which, if committed by an adult, would be punishable...
• Juvenile Committed Under Mcl 712a.18(1)(e); Review Hearing; Burden of Proof; Determination; Notice; Legal Counsel; Costs; Commitment Reports; Section Nonapplicable to Juvenile Convicted of Crime Under Chapter - Mich. Comp. Laws Section 712A.18d
  (1) If a juvenile is committed under section 18(1)(e) of this chapter for an offense that, if committed by an adult, would be a...
• Application for Entry of Order Setting Aside Adjudication; Filing; Contents; Submitting Copy of Application and Fingerprints; Report; Fee; Serving Copy of Application on Attorney General and Prosecuting Attorney; Contesting Application; Notice to Victim; Definitions; Hearing; Affidavits; Proofs; Entry of Order; Setting Aside Adjudication as Privilege and Conditional; Violation of Mcl 750.413; Effect of Entering Order; Sending Copy of Order to Arresting Agency and Department of State Police; Nonpublic Record of Order and Record; Availability of Nonpublic Record; Fee; Exemption From Disclosure; Divulging, Using, or Publishing Information as Misdemeanor - Mich. Comp. Laws Section 712A.18e
  (1) Except as provided in subsection (2), a person who has been adjudicated of not more than 1 juvenile offense that would be a...
• Report; Preparation and Contents of Case Service Plan; Order of Disposition; Updating and Revising Case Service Plan; Rules; Review by Child's Physician in Case of Abuse and Neglect - Mich. Comp. Laws Section 712A.18f
  (1) If, in a proceeding under section 2(b) of this chapter, an agency advises the court against placing a child in the custody of...
• Commitment Under Mcl 712a.18(1)(e) - Mich. Comp. Laws Section 712A.18g
  (1) In addition to any other disposition under this act, a juvenile other than a juvenile sentenced in the same manner as an adult...
• Commitment to Department of Corrections Prohibited; Exception - Mich. Comp. Laws Section 712A.18h
  A juvenile sentenced to imprisonment under section 18(1)(n) of this chapter shall not be committed to the jurisdiction of the department of corrections. This...
• Delay in Sentencing - Mich. Comp. Laws Section 712A.18i
  (1) A delay in sentencing does not deprive the court of jurisdiction to sentence the juvenile under section 18(1)(n) of this chapter any time...
• Escape by Juvenile From Facility or Residence; Notification; "escape" Defined - Mich. Comp. Laws Section 712A.18j
  (1) If a juvenile escapes from a facility or residence in which he or she has been placed for a violation described in section...
• Dna Identification Profiling; Providing Samples for Chemical Testing; Disclosure; Definitions - Mich. Comp. Laws Section 712A.18k
  (1) An individual shall provide samples for chemical testing for DNA identification profiling or a determination of the sample's genetic markers and shall provide...
• Evaluation of Juvenile for Psychiatric or Psychological Treatment; Court Order - Mich. Comp. Laws Section 712A.18l
  If a juvenile is found to be within the court's jurisdiction under section 2(a)(1) of this chapter for an offense that, if committed by...
• Payment of Costs; Minimum Amounts; Disposition; Definitions - Mich. Comp. Laws Section 712A.18m
  (1) If a juvenile is within the court's jurisdiction under section 2(a)(1) of this chapter, and is ordered to pay any combination of fines,...
• Competency of Juvenile; Presumption; Order to Determine Competency During Proceeding; Record - Mich. Comp. Laws Section 712A.18n.added
  (1) A juvenile 10 years of age or older is presumed competent to proceed unless the issue of competency is raised by a party....
• Competency Evaluation; Conduct by Qualified Forensic Mental Health Examiner; Expert Witness; Additional Evaluations At Party's Expense; Conduct in Least Restrictive Environment - Mich. Comp. Laws Section 712A.18o.added
  (1) A competency evaluation ordered under section 18n of this chapter shall be conducted by a qualified juvenile forensic mental health examiner. The qualified...
• Providing Information Relating to Competency; Submission of Report by Qualified Forensic Mental Health Examiner; Extension; Copies of Report to Be Provided to Certain Individuals - Mich. Comp. Laws Section 712A.18p.added
  (1) The court shall order the prosecuting attorney to provide to the juvenile's attorney all information related to competency and shall order the prosecuting...
• Competency Hearing - Mich. Comp. Laws Section 712A.18q.added
  (1) Not later than 30 days after a report is filed under section 18p of this chapter, the court shall hold a hearing to...
• Competency Evaluations; Self - Incrimination; Evidence or Statements Inadmissible in Proceeding Determining Responsibility; Sealing Reports; Order to Open Reports; Purposes; Confidentiality; Disclosure - Mich. Comp. Laws Section 712A.18r.added
  (1) The constitutional protections against self-incrimination apply to all competency evaluations. (2) Any evidence or statement obtained during a competency evaluation is not admissible...
• Court Finding That Juvenile May Be Restored to Competency in Foreseeable Future; Restoration Order; Renewal; Report That Substantial Probability That Juvenile Will Remain Incompetent; Actions of Court; Order to Provide Treatment; Report From Entity Providing Services; Duties of Court; Record - Mich. Comp. Laws Section 712A.18s.added
  (1) If the juvenile is incompetent to proceed but the court finds that the juvenile may be restored to competency in the foreseeable future,...
• Termination of Cause; Supplemental Order of Disposition; Review Hearing; Notice of Review Hearing; Factors to Be Reviewed; Modification of Plan; Determination as to Placement; Order; Determination as to Review; Issuance of Order Without Hearing; Access to Agency Report; Agency Report and Other Information as Evidence; Concurrent Efforts to Reunify Child With Family - Mich. Comp. Laws Section 712A.19
  (1) Subject to section 20 of this chapter, if a child remains under the court's jurisdiction, a cause may be terminated or an order...
• Permanency Planning Hearing; Conditions; Time Limitation; Reunion of Child and Family Not Required; Purpose; Obtaining Child's Views Regarding Permanency Plan; Consideration of Out - of - State Placement; Notice; Statement; Return of Child to Parent; Noncompliance With Case Service Plan; Other Conditions as Evidence; Termination of Parental Rights to Child; Exceptions; Alternative Placement Plans; Powers and Appointment of Guardian; Information Considered as Evidence; Revocation or Termination of Guardianship - Mich. Comp. Laws Section 712A.19a
  (1) Subject to subsection (2), if a child remains in foster care and parental rights to the child have not been terminated, the court...
• Termination of Parental Rights to Child; Petition; Hearing; Record; Findings; Opinion or Order; Notice of Hearing; Suspension of Parenting Time; Grounds for Termination; "concerned Person" Defined - Mich. Comp. Laws Section 712A.19b
  (1) Except as provided in subsection (4), if a child remains in foster care in the temporary custody of the court following a review...
• Review Hearing of Child's Placement After Termination of Parental Rights; Appointment of Guardian; Applicability of Section - Mich. Comp. Laws Section 712A.19c
  (1) Except as provided in section 19(4) of this chapter and subject to subsection (14), if a child remains in placement following the termination...
• Temporary or Permanent Custody - Mich. Comp. Laws Section 712A.20
  The court in all cases involving custody shall state in the order for disposition or any supplemental order of disposition whether the child is...
• Petition for Rehearing; Affirming, Modifying, or Setting Aside Order; Conduct of Rehearing; Order for Supplemental Disposition; Applicability of Section to Criminal Proceeding; "interested Person" Construed - Mich. Comp. Laws Section 712A.21
  (1) At any time while the juvenile is under the jurisdiction of the court, an interested person may file a petition in writing and...
• Annual Report - Mich. Comp. Laws Section 712A.22
  The state court administrative office shall publish an annual report evaluating the court regarding its duty under this act to engage in obtaining permanency...
• Use of Evidence Against Juvenile - Mich. Comp. Laws Section 712A.23
  Evidence regarding the disposition of a juvenile under this chapter and evidence obtained in a dispositional proceeding under this chapter shall not be used...
• Placement in Institutions; Summary of Information; Conveyance of Child; Progress Report - Mich. Comp. Laws Section 712A.24
  Whenever the court shall place a child in any public or private institution or agency, it shall transmit with the order of disposition or...
• Payment of Expenses - Mich. Comp. Laws Section 712A.25
  (1) Except as otherwise provided by law, expenses incurred in carrying out this chapter shall be paid upon the court's order by the county...
• Contempt of Court; Punishment - Mich. Comp. Laws Section 712A.26
  The court shall have the power to punish for contempt of court under chapter 17 of the revised judicature act of 1961, 1961 PA...
• Quarters, Equipment and Supplies for Use of Juvenile Division - Mich. Comp. Laws Section 712A.27
  Suitable quarters, equipment, and supplies shall be provided by the board of supervisors of each county for the use of the juvenile division of...
• Case Records; Opening Records; Order in Respect to Payments by Parent; Copy; Publicizing Action Taken Against Parents or Adult; Administration of Court; Reports; Form; Copies; Definitions - Mich. Comp. Laws Section 712A.28
  (1) Before June 1, 1988, the court shall maintain records of all cases brought before it and as provided in the juvenile diversion act....
• Allocation and Application of Money Collected; "victim Payment" Defined - Mich. Comp. Laws Section 712A.29
  (1) If a child is subject to any combination of fines, costs, restitution, assessments, or payments arising out of the same order of disposition,...
• "offense" and "victim" Defined; Order of Restitution - Mich. Comp. Laws Section 712A.30
  (1) For purposes of this section and section 31: (a) "Juvenile offense" means a violation by a juvenile of a penal law of this...
• Determining Amount of Restitution; Factors in Disposition Report; Disclosure of Matters Described in Subsection (1); Burden of Demonstrating Amount or Type of Restitution - Mich. Comp. Laws Section 712A.31
  (1) In determining the amount of restitution to order under section 30 of this chapter, the court shall consider the amount of the loss...
• Order to Appear for Identification; Notice of Right to Attorney; Appointment of Attorney - Mich. Comp. Laws Section 712A.32
  (1) If a complaint or petition is filed with the court against a juvenile for violating a criminal law of this state or of...
• Chapter; Short Title - Mich. Comp. Laws Section 712B.1
  This chapter shall be known and may be cited as the "Michigan Indian family preservation act".
• Definitions - Mich. Comp. Laws Section 712B.3
  As used in this chapter: (a) "Active efforts" means actions to provide remedial services and rehabilitative programs designed to prevent the breakup of the...
• Best Interests of Child; Duties of Courts - Mich. Comp. Laws Section 712B.5
  In Indian child custody proceedings, the best interests of the Indian child shall be determined, in consultation with the Indian child's tribe, in accordance...
• Jurisdiction; Exclusive; Emergency; Transfer; Good Cause Determination; Right to Intervene or Participate in Proceeding; Full Faith and Credit to Public Acts, Records, and Judicial Proceedings - Mich. Comp. Laws Section 712B.7
  (1) An Indian tribe has exclusive jurisdiction over any child custody proceeding involving an Indian child who resides or is domiciled within the reservation...
• Child Custody Proceeding; Notification to Parent, Indian Custodian, and Tribe; Additional Preparation Days; Suspension of Proceedings; Prejudice by Lack of Notice; Determination as to Which Tribe Child Is Member; Circumstances Leading to Belief Child Is an Indian; Determining, Documenting, and Contacting Extended Family; Determination or Testimony by Authorized Person; Documentation of Efforts - Mich. Comp. Laws Section 712B.9
  (1) In a child custody proceeding, if the court knows or has reason to know that an Indian child is involved, the petitioner shall...
• Examination of Reports or Documents by Parties - Mich. Comp. Laws Section 712B.11
  Each party to a foster care or termination of parental rights proceeding involving an Indian child has a right to examine all reports or...
• Guardianship; Adoptive Placement; Termination of Parental Rights; Consent - Mich. Comp. Laws Section 712B.13
  (1) If both parents or Indian custodian voluntarily consent to a petition for guardianship under section 5204 or 5205 of the estates and protected...
• Failure of Parent to Provide Consent; Requirements; Removal of Child From Parent or Indian Custodian; Clear and Convincing Evidence; Termination of Parental Rights; Remedial Services and Rehabilitative Programs; Determination That Continued Custody Likely to Result in Serious Emotional or Physical Damage - Mich. Comp. Laws Section 712B.15
  (1) If an Indian child is the subject of a child protective proceeding under section 2(b) of chapter XIIA, including instances in which the...
• Qualified Expert Witness - Mich. Comp. Laws Section 712B.17
  (1) If the testimony of a qualified expert witness is required, the court shall accept either of the following in the following order of...
• Improper Removal of Child From Custody - Mich. Comp. Laws Section 712B.19
  If a court determines at a hearing that a petitioner in an Indian child custody proceeding has improperly removed the child from custody of...
• Appointment of Counsel - Mich. Comp. Laws Section 712B.21
  (1) In a case in which the court determines indigency, the parent or Indian custodian has the right to court-appointed counsel in a removal,...
• Placement; Least Restrictive Setting; Order of Preference; Documentation - Mich. Comp. Laws Section 712B.23
  (1) Except for a placement for guardianship under section 5204 or 5205 of the estates and protected individuals code, 1998 PA 386, MCL 700.5204...
• Involuntary Guardianship; Investigation; Report; Notice of Pending Proceeding; Consent; Withdrawal; Termination of Guardianship; Potential Applicability of Indian Child Welfare Act - Mich. Comp. Laws Section 712B.25
  (1) If a petition for a guardianship is filed and is determined to be involuntary under section 15 of this chapter and the court...
• Voluntary Placement Consent; Visitation; Notice of Pending Proceeding; Providing Certain Information to Indian Individual Reaching Age of 18; Withdrawal of Consent by Parent; Petition for Return of Custody - Mich. Comp. Laws Section 712B.27
  (1) If a release or consent to adoption under chapter X is executed, consent to voluntary placement of an Indian child must also be...
• Child Taken Into Custody Under Section 14 of Chapter Xiia; Termination of Subsequent Placement; Condition; Initiation of Child Custody Proceeding; Duties of Court - Mich. Comp. Laws Section 712B.29
  (1) If an Indian child is taken into custody under section 14 of chapter XIIA, the subsequent placement shall terminate immediately when the removal...
• Agreements - Mich. Comp. Laws Section 712B.31
  (1) The state is authorized to enter into agreements with tribes in this state regarding the care and custody of Indian children, funding of...
• Department Review of Cases; Monitoring; Standards and Procedures - Mich. Comp. Laws Section 712B.33
  The department, in consultation with Indian tribes in this state, shall establish standards and procedures for the department's review of cases subject to this...
• Providing Secretary and Tribal Enrollment Officer With Copy of Court Decree or Order; Other Information - Mich. Comp. Laws Section 712B.35
  (1) A Michigan court entering a final decree or order in any Indian child adoptive placement shall provide the secretary and the tribal enrollment...
• Census - Mich. Comp. Laws Section 712B.37
  The department shall publish annually a census with no individually identifiable information of all Indian children in the department's care and custody. The census...
• Invalidation of Actions; Petition - Mich. Comp. Laws Section 712B.39
  Any Indian child who is the subject of an action for foster care placement or termination of parental rights under state law, any parent...
• Severability - Mich. Comp. Laws Section 712B.41
  If any provision of this chapter or its application to any person or circumstance is held invalid for any reason in a court of...
• Repealed. 1978, Act 642, Eff. July 1, 1979. - Mich. Comp. Laws

Last modified: March 17, 2013