Title 722, CHILDREN

Sec. 1. This act shall be known and may be cited as the "juvenile diversion act".

Sec. 2. As used in this act: (a) "Court" means the family division of circuit court. (b) "Divert" or "diversion" means the placement that occurs when a law enforcement agency makes a formally recorded investigation or apprehension for an act by a minor that if a petition were fil…

Sec. 3. (1) If in the course of investigating an alleged offense by a minor a petition has not been filed with the court, or if a petition has not been authorized, a law enforcement official or court intake worker may do 1 of the following: (a) Release the minor into the custody …

Sec. 4. Before a decision is made to divert a minor, all of the following factors shall be examined: (a) The nature of the alleged offense. (b) The minor's age. (c) The nature of the problem that led to the alleged offense. (d) The minor's character and conduct. (e) The minor's b…

Sec. 5. (1) If a decision is made to divert a minor with a referral under section 3(1)(b), a conference with the minor and the minor's parent, guardian, or custodian must be held to consider alternatives to the filing of a petition with the court or to the authorization of a peti…

Sec. 6. (1) When a decision is made to divert a minor, the law enforcement official or court intake worker shall file with the court in the county in which the minor resides or is found all of the following information: (a) The minor's name, address, and date of birth. (b) The ac…

Sec. 7. The court in the county in which a diverted minor resides or is found shall keep a separate diversion record for that minor.

Sec. 8. (1) Except as otherwise required in subsection (2), a record required to be kept under this act shall be open only by order of the court to a person who has a legitimate interest. (2) A record required to be kept under this act shall be open to a law enforcement agency or…

Sec. 9. (1) Except as provided in subsection (2), a record kept under this act must not be used by any person, including a court official or law enforcement official, for any purpose except to make a decision on whether to divert a minor. (2) An individual or organization may sub…

Sec. 10. This act shall not take effect unless Senate Bill No. 602 of the 84th Legislature is enacted into law.

Sec. 11. This act shall take effect April 1, 1988.

Sec. 101. This act may be cited as the "assisted reproduction and surrogacy parentage act".

Sec. 102. This act does not apply to the birth of a child conceived by sexual intercourse. Part 2 applies to the birth of a child by assisted reproduction not involving surrogacy. Part 3 applies to the birth of a child by assisted reproduction under a surrogacy agreement.

Sec. 103. As used in this act: (a) "Assisted reproduction" means a method of causing pregnancy through means other than by sexual intercourse including, but not limited to, all of the following: (i) Intrauterine, intracervical, or vaginal insemination. (ii) Donation of gametes. (…

Sec. 104. A parent-child relationship is established between an individual and a child if 1 of the following occurs: (a) The individual gives birth to the child, except as provided in part 3. (b) The individual's parentage of a child is established under part 2. (c) The individua…

Sec. 105. Unless parental rights are terminated, a parent-child relationship established under this act applies for all purposes. An individual who establishes a parent-child relationship under this act is considered a natural parent for all purposes, including under the child cu…

Sec. 106. A donor is not a parent of a child conceived by assisted reproduction.

Sec. 107. Venue for a proceeding to adjudicate parentage under this act is in the county of this state in which 1 of the following occurs: (a) The child resides, is born, or will be born. (b) A parent or intended parent resides. (c) A proceeding has been commenced for administrat…

Sec. 108. Genetic testing may not be used for either of the following purposes: (a) To challenge the parentage of an individual who is a parent under part 2 or 3. (b) To establish the parentage of an individual who is a donor under this act.

Sec. 109. On request of a party, the court may order the court records in an action under this act to be sealed to the general public. If the records are ordered sealed, all pleadings, papers, or documents in the court records, including the case history or registry of actions, m…

Sec. 201. An individual who consents under section 202 to assisted reproduction with the intent to be a parent of a child conceived by the assisted reproduction is a parent of the child.

Sec. 202. (1) The consent described in section 201 must be either of the following: (a) In a record signed before, on, or after the birth of the child by the individual who gave birth to the child and by an individual who intends to be a parent of the child. An acknowledgment of …

Sec. 203. (1) An individual who is an intended parent or the individual who gave birth to the child may bring a proceeding to adjudicate parentage for a judgment of parentage in the family division of the circuit court. If the court determines the individual is a parent under thi…

Sec. 204. (1) If an individual who intends to be a parent of a child conceived by assisted reproduction dies during the period between the transfer of a gamete or embryo and the birth of the child, the individual's death does not preclude the establishment of the individual's par…

Sec. 301. (1) To execute an agreement to act as a surrogate, an individual must meet all of the following requirements: (a) Be 21 years of age or older. (b) Have previously given birth to at least 1 child. (c) Have completed a medical evaluation concerning the surrogacy arrangeme…

Sec. 302. A surrogacy agreement must meet all of the following requirements: (a) One or more of the following must apply: (i) At least 1 party must be a resident of this state. (ii) The birth will occur or is anticipated to occur in this state. (iii) The assisted reproduction per…

Sec. 303. (1) A surrogacy agreement must comply with all of the following requirements: (a) The surrogate must agree to attempt to become pregnant by means of assisted reproduction. (b) Except as otherwise provided in sections 306, 308, and 309, the surrogate and the surrogate's …

Sec. 304. (1) Unless a surrogacy agreement expressly provides otherwise, both of the following apply: (a) The marriage of a surrogate after the surrogacy agreement is signed by all parties does not affect the validity of the agreement, the spouse's consent to the agreement is not…

Sec. 305. (1) A party to a surrogacy agreement may terminate the agreement at any time before a gamete or an embryo transfer by giving notice of termination in a record to all other parties. If a gamete or an embryo transfer does not result in a pregnancy, a party may terminate t…

Sec. 306. (1) Except as otherwise provided in subsection (3) and sections 307(2), 308, and 309, on birth of a child conceived by assisted reproduction under a surrogacy agreement that complies with this part, each intended parent is, by operation of law, a parent of the child. (2…

Sec. 307. (1) Section 306 applies to an intended parent even if the intended parent died during the period between the transfer of a gamete or embryo and the birth of the child. (2) Except as otherwise provided in sections 308 and 309, an intended parent is not a parent of a chil…

Sec. 308. (1) Before, on, or after the birth of a child conceived by assisted reproduction under a surrogacy agreement that complies with this part, a party to the agreement may commence an action in the family division of the circuit court for entry of a parentage judgment. The …

Sec. 309. (1) A surrogacy agreement that substantially complies with sections 302 and 303 is enforceable. (2) If a child was conceived by assisted reproduction under a surrogacy agreement that does not substantially meet the material requirements of this part, a court must determ…

Sec. 1. (1) A person shall not sell, give, or furnish a tobacco product, vapor product, or alternative nicotine product to a minor, including, but not limited to, through a vending machine. A person who violates this subsection or subsection (8) is guilty of a misdemeanor punisha…

Sec. 2. (1) Subject to subsection (6), a minor shall not do any of the following: (a) Purchase or attempt to purchase a tobacco product. (b) Possess or attempt to possess a tobacco product. (c) Use a tobacco product in a public place. (d) Present or offer to an individual a purpo…

Sec. 2a. (1) Except as otherwise provided in subsection (2), a person who sells tobacco products at retail shall not sell a cigarette separately from its package. (2) Subsection (1) does not apply to a person who sells tobacco products at retail in a tobacco specialty retail stor…

Sec. 2b. (1) A person shall not sell in this state a liquid nicotine container unless the liquid nicotine container meets the child-resistant effectiveness standards of 16 CFR 1700.15(b). (2) A person who violates subsection (1) is guilty of a misdemeanor punishable by a fine of …

Sec. 2c. A person who sells vapor products or alternative nicotine products at retail shall not display for sale in this state a vapor product unless the vapor product is stored for sale behind a counter in an area accessible only to employees or within a locked case so that a cu…

Sec. 3. This act does not interfere with the right of a parent or legal guardian in the rearing and management of his or her minor children or wards within the bounds of his or her own private premises.

Sec. 4. As used in this act: (a) "Alternative nicotine product" means a noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means. Alternative nicotine product does not include a tobacco …

Sec. 5. This act shall be known and may be cited as the "youth tobacco act".

Sec. 1. As used in this act: (a) "McGruff house" or "Michigan community child watch house" means a house, designated by a sign bearing the standard McGruff house symbol or standard Michigan community child watch symbol, as applicable, occupied by a responsible adult, where a chil…

Sec. 2. (1) The department of state police, in cooperation with the Michigan sheriffs' association, the Michigan association of chiefs of police, the crime prevention association of Michigan, and the child watch association shall do all of the following: (a) Develop guidelines fo…

Sec. 3. (1) A local law enforcement agency, or a school district, nonprofit organization, or business entity in cooperation with a local law enforcement agency, may sponsor a program. (2) A program sponsor shall supply a numbered sign bearing the standard McGruff house symbol or …

Sec. 4. (1) A person shall not display a sign bearing the standard McGruff house symbol or standard Michigan community child watch symbol so that the sign is visible from the outside of the person's house unless the person's home has been approved as a McGruff house or Michigan c…

Sec. 1. As used in this part: (a) "Display" means to put or set out to view or to make visible. (b) "Disseminate" means to sell, lend, give, exhibit, show, or allow to examine or to offer or agree to do the same. (c) "Exhibit" means to do 1 or more of the following: (i) Present a…

Sec. 2. As used in this part: (a) "Nudity" means the lewd display of the human male or female genitals or pubic area. (b) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal. (c) "Erotic fondling" means touchin…