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1 chapters · 163 sections in this title.
Mich. Comp. Laws § 710.68a 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.
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Sec. 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 pursuant to this act. (2) Within 14 days after it is contacted by an adoptee, adult former sibl…
Mich. Comp. Laws § 710.68b 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.
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Sec. 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 or adoption by at least 1 common parent, regardless of whether the adult adoptee ever lived in the same household as the form…
Mich. Comp. Laws § 710.69 Violation of MCL 710.41 as felony.
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Sec. 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 a felony.
Mich. Comp. Laws § 710.70 Prior adoption proceedings or orders of adoption.
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Sec. 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 time the petition was filed, except that sections 64 and 65 shall apply to orders entered after January 1, 1975. (2) An…
Mich. Comp. Laws § 711.1 Order changing name of adult, minor, or spouse and minor children.
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Sec. 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 been a resident of the county for not less than 1 year, petitions in writing to the court for that purpose, and shows that a sufficient reason for the …
Mich. Comp. Laws § 711.2 Fee; certified copy of order.
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Sec. 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 to the court to be remitted to the county treasurer for the use of the county a fee of $10.00, and shall furnish to the petitioner, if desir…
Mich. Comp. Laws § 711.3 Publication or availability of record of proceeding; violation as misdemeanor; exemption from disclosure; definitions.
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Sec. 3. (1) In a proceeding under section 1 of this chapter, all of the following apply: (a) If the court receives a petition that shows good cause, the court must order that no publication of the proceeding take place and that the record of the proceeding be confidential. (b) A …
Mich. Comp. Laws § 712.1 Short title of chapter; definitions.
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Sec. 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) "Child placing agency" means that term as defined in section 1 of 1973 PA 116, MCL 722.111. (b) "Court" means the family division of circuit court. (c…
Mich. Comp. Laws § 712.10 Custody action by surrendering or nonsurrendering parent; filing; hearing; determination of paternity or maternity.
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Sec. 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 days after the newborn was surrendered, file a petition with the court for custody. Not later than 28 days after notice of surrender o…
Mich. Comp. Laws § 712.11 Blood or tissue typing or DNA identification profiling; presumption; costs; dismissal of custody petition.
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Sec. 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 blood or tissue typing determinations or DNA identification profiling, as described in section 16 of the paternity act, 1958 PA 205, MCL…
Mich. Comp. Laws § 712.14 Determination of custody; basis; newborn's best interest; factors.
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Sec. 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 shall consider, evaluate, and make findings on each factor of the newborn's best interest with the goal of achieving permanence fo…
Mich. Comp. Laws § 712.15 Court order.
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Sec. 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) Grants legal or physical custody, or both, of the newborn to the parent and either retains or relinquishes jurisdiction. (b) Determines that the …
Mich. Comp. Laws § 712.17 Release or termination of parental rights to newborn.
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Sec. 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 of this chapter is presumed to have knowingly released his or her parental rights to the newborn. (2) If the surrendering parent has not filed a …
Mich. Comp. Laws § 712.2 Newborn surrendered to emergency service provider; court jurisdiction; effect of other provisions of law; immunity from civil action.
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Sec. 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. The court may appoint a lawyer-guardian ad litem to represent a newborn in proceedings under this chapter. (2) Except as provided in…
Mich. Comp. Laws § 712.20 Safe delivery program; establishment.
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Sec. 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 not limited to, both of the following: (a) A toll-free, 24-hour telephone line. The information provided with th…
Mich. Comp. Laws § 712.2a Confidentiality.
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Sec. 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 record is available to any individual who is a party to that proceeding. (2) All child placing agency records created under this chapter…
Mich. Comp. Laws § 712.3 Conduct of emergency service provider.
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Sec. 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 the requirements of this section under the assumption that the child is a newborn. The emergency service provider shall, without a co…
Mich. Comp. Laws § 712.5 Transfer of newborn to hospital; physician report of abuse, neglect, or child not a newborn; notice to child placing agency.
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Sec. 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 chapter shall transfer the newborn to a hospital. The hospital shall accept a newborn who an emergency service provider transfers to…
Mich. Comp. Laws § 712.7 Duties of child placing agency.
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Sec. 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) Immediately assume the care, control, and temporary protective custody of the newborn. (b) If a parent is known and willing, immediately mee…
Mich. Comp. Laws § 712A.1 Definitions; proceedings not as criminal proceedings; construction of chapter.
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Sec. 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, 1961 PA 236, MCL 600.113. (b) "Competency evaluation" means a court-ordered examination of a juvenile directed to developing information re…
Mich. Comp. Laws § 712A.10 Designation of probation officer or county agent as referee; duties of referee.
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Sec. 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 or county agent to act as referee in taking the testimony of witnesses and hearing the statements of parties upon the hearing of …
Mich. Comp. Laws § 712A.11 Preliminary inquiry; petition; effect of juvenile attaining eighteenth birthday; biometric data; amendment of petition or other court record; offer of court services.
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Sec. 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 (4), (b), (c), or (d) of this chapter, a preliminary inquiry may be made to determine whether the interests of the public or the juvenile req…
Mich. Comp. Laws § 712A.12 Examination of child; hearing; summons.
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Sec. 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 may order the child to be examined by a physician, dentist, psychologist or psychiatrist, the court may dismiss said petition or may issu…
Mich. Comp. Laws § 712A.13 Service of summons.
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Sec. 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 if the judge is satisfied that it is impracticable to serve personally such summons or the notice provided for in the preceding …
Mich. Comp. Laws § 712A.13a 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; siblings; joint placement; visitation or other contact; review and modification of orders and plans; release of information; information included with order; "abuse" defined.
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Sec. 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" means a public or private organization, institution, or facility that is performing the functions under part D of title IV of the social security act,…
Mich. Comp. Laws § 712A.13b Change in foster care placement.
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Sec. 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 foster care, the agency must not change the child's placement before complying with the requirements of this section, excep…
Mich. Comp. Laws § 712A.14 Officers or county agent authorized to take child into custody; notice; jail or detention facility; release of child; preliminary hearing; order; placement of child; foster care home services.
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Sec. 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 the order of the court, immediately take into custody any child who is found violating any law or ordinance, or for whom t…
Mich. Comp. Laws § 712A.14a Immediate removal of child without court order; conditions; placement order pending preliminary hearing; issuance of placement order by designated judge or referee; "officer" defined.
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Sec. 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 imminent risk of harm and the child's immediate removal from those surroundings is necessary to protect the child's health and safety, an office…
Mich. Comp. Laws § 712A.14b Ex parte order authorizing immediate protective custody of child.
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Sec. 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, electronically or otherwise, authorizing the department of human services to immediately take a child into protective custody and pla…
Mich. Comp. Laws § 712A.15 Detention of child pending hearing; detention screening tool; 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.
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Sec. 15. (1) In the case of a juvenile concerning whom a complaint has been made or a petition has been filed under this chapter, the court may order the juvenile, pending hearing, detained in a facility as the court designates. The court may release the juvenile, pending hearing…
Mich. Comp. Laws § 712A.16 Detention and care of juvenile.
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Sec. 16. (1) If a juvenile who is less than 18 years of age is taken into custody or detained, the juvenile must not be confined in a police station, prison, jail, lock-up, or reformatory or transported with, or compelled or permitted to associate or mingle with, criminal or diss…
Mich. Comp. Laws § 712A.17 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.
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Sec. 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 transcript to be taken of the hearing. The court shall adjourn a hearing or grant a continuance regarding a case under section 2…
Mich. Comp. Laws § 712A.17a Hearing; record; transcription.
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Sec. 17a. In any case in which a record of the hearing is kept by a recording device, a transcription of the hearing need not be made in the absence of a request by an interested party. The recording of the hearing shall be maintained as prescribed by rules of the supreme court.
Mich. Comp. Laws § 712A.17b 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; violation as misdemeanor; penalty.
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Sec. 17b. (1) As used in this section: (a) "Custodian of the videorecorded statement" means the investigating law enforcement agency, prosecuting attorney, or department of attorney general or another person designated under the county protocols established as required by section…
Mich. Comp. Laws § 712A.17c 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.
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Sec. 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 personal protection order under section 2(h) of this chapter, the court shall advise the child that he or she has a right to an atto…
Mich. Comp. Laws § 712A.17d Lawyer-guardian ad litem; powers and duties.
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Sec. 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 all of the following: (a) The obligations of the attorney-client privilege. (b) To serve as the independent representative for the…
Mich. Comp. Laws § 712A.18 Orders of disposition; reimbursement; guidelines; restitution; condition of probation; revocation or alteration of terms and conditions; community service; biometric data; fingerprints; risk and needs assessment; report to department of state police; registration of juvenile provided in MCL 28.721 to 28.730; release from placement in juvenile boot camp; imposition of sentence in county jail facility; violation of personal protection order.
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Sec. 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 order dismissing the petition. Except as otherwise provided in subsection (8) and subject to subsection (9), if the court finds that a juvenile…
Mich. Comp. Laws § 712A.18a Placement or commitment of ward of the court to out-of-state institutions.
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Sec. 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 institution or agency incorporated under the laws of another state and approved or licensed by that state's department of social welfare, or the equivalent a…
Mich. Comp. Laws § 712A.18b Reimbursement order; failure to comply, contempt of court; assignment of wages.
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Sec. 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 of the child fails or refuses to obey and perform the order, and has been found guilty of contempt of court for such failure or re…
Mich. Comp. Laws § 712A.18c Retention of jurisdiction of child committed under MCL 712A.18(1)(e); effective date of subsection (2); annual review; release of child.
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Sec. 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 by imprisonment for more than 1 year or an offense expressly designated by law to be a felony, the court shall retain jurisdiction over…
Mich. Comp. Laws § 712A.18d 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.
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Sec. 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 violation or attempted violation of section 72, 83, 84, 86, 88, 89, 91, 110a(2), 186a, 316, 317, 349, 520b, 520c, 520d, 520g, 529, 529a, 530, …
Mich. Comp. Laws § 712A.18e Application for entry of order setting aside adjudication; filing; contents; hearing; submitting copy of application and fingerprints; report; 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; 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.
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Sec. 18e. (1) Except as otherwise provided in subsection (2) and section 18t of this chapter, a person who has been adjudicated of not more than 1 juvenile offense that would be a felony if committed by an adult and not more than 3 juvenile offenses, of which not more than 1 may …
Mich. Comp. Laws § 712A.18f 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; testimony.
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Sec. 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 the child's parent, guardian, or custodian, the agency shall report in writing to the court what efforts were made to prevent the child's re…
Mich. Comp. Laws § 712A.18g Commitment under MCL 712A.18(1)(e).
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Sec. 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 under section 18(1)(p) of this chapter shall be committed under section 18(1)(e) of this chapter to a detention facility for a specified pe…
Mich. Comp. Laws § 712A.18h Commitment to department of corrections prohibited; exception.
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Sec. 18h. A juvenile sentenced to imprisonment under section 18(1)(p) of this chapter shall not be committed to the jurisdiction of the department of corrections. This section does not apply if the juvenile was convicted of a specified juvenile violation as defined in section 2d …
Mich. Comp. Laws § 712A.18i Delay in sentencing.
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Sec. 18i. (1) A delay in sentencing does not deprive the court of jurisdiction to sentence the juvenile under section 18(1)(o) of this chapter any time during the delay. (2) If the court has entered an order of disposition under section 18(1)(o) of this chapter delaying impositio…
Mich. Comp. Laws § 712A.18j Escape by juvenile from facility or residence; notification; “escape” defined.
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Sec. 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 2(a)(1) of this chapter, other than his or her own home or the home of his or her parent or guardian, the individual at that facility or reside…
Mich. Comp. Laws § 712A.18k DNA identification profiling; providing samples for chemical testing; assessment; forwarding to department of state police; definitions.
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Sec. 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 samples for chemical testing for a determination of his or her secretor status if any of the following appl…
Mich. Comp. Laws § 712A.18l Evaluation of juvenile for psychiatric or psychological treatment; court order.
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Sec. 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 an adult, would be a violation of section 50b of the Michigan penal code, 1931 PA 328, MCL 750.50b, having to do with cruelty to anima…
Mich. Comp. Laws § 712A.18n Competency of juvenile; presumption; order to determine competency during proceeding; record.
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Sec. 18n. (1) A juvenile 10 years of age or older is presumed competent to proceed unless the issue of competency is raised by a party. A juvenile less than 10 years of age is presumed incompetent to proceed. (2) The court may order on its own motion, or at the request of the juv…