reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70) › Section 710.60 - 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.

710.60 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.
Sec. 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 new name. The person or persons adopting the adoptee then become the parent or parents of the adoptee under the law as though the adopted person had been born to the adopting parents and are liable for all the duties and entitled to all the rights of parents.
(2) After entry of the order of adoption, there is no distinction between the rights and duties of natural progeny and adopted persons, and the adopted person becomes an heir at law of the adopting parent or parents and an heir at law of the lineal and collateral kindred of the adopting parent or parents. After entry of the order of adoption, except as provided in section 2114(2) of the estates and protected individuals code, 1998 PA 386, MCL 700.2114, an adopted child is no longer an heir at law of a parent whose rights have been terminated under this chapter or chapter XIIA or the lineal or collateral kindred of that parent, nor is an adopted adult an heir at law of a person who was his or her parent at the time the order of adoption was entered or the lineal or collateral kindred of that person, except that a right, title, or interest that has vested before entry of the final order of adoption is not divested by that order.
(3) This section does not prohibit the filing of an action or entry of an order for grandparenting time as provided in section 7b of the child custody act of 1970, 1970 PA 91, MCL 722.27b.
History:
Add. 1974, Act 296, Eff. Jan. 1, 1975 ;-- Am. 1980, Act 116, Eff. Sept. 12, 1980 ;-- Am. 1982, Act 72, Imd. Eff. Apr. 14, 1982 ;-- Am. 1982, Act 341, Imd. Eff. Dec. 17, 1982 ;-- Am. 1996, Act 16, Eff. June 1, 1996 ;-- Am. 1996, Act 409, Eff. Jan. 1, 1998 ;-- Am. 2006, Act 352, Imd. Eff. Sept. 18, 2006
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70) › Section 710.62 - Effect of Denying Order of Adoption.

710.62 Effect of denying order of adoption.
Sec. 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, or make a disposition appropriate for the welfare of the ward as is authorized by section 18 of chapter 12a by an ex parte order entered in the court.
History:
Add. 1974, Act 296, Eff. Jan. 1, 1975
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70) › Section 710.63 - Denial of Petition or Motion or Failure to Issue Order; Statement by Court.

710.63 Denial of petition or motion or failure to issue order; statement by court.
Sec. 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 on the record or in writing.
History:
Add. 1982, Act 72, Imd. Eff. Apr. 14, 1982
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70) › Section 710.64 - Rehearing; Modifying or Setting Aside Order; Entering Order With Respect to Original Hearing or Rehearing of Contested Matters.

710.64 Rehearing; modifying or setting aside order; entering order with respect to original hearing or rehearing of contested matters.
Sec. 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 to all interested parties, the judge may grant a rehearing and may modify or set aside the order.
(2) The court shall enter an order with respect to the original hearing or rehearing of contested matters within 21 days after the termination of the hearing or rehearing.
History:
Add. 1974, Act 296, Eff. Jan. 1, 1975 ;-- Am. 1994, Act 244, Eff. July 5, 1994 ;-- Am. 1996, Act 409, Eff. Jan. 1, 1998
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70) › Section 710.65 - Appeal to Court of Appeals; Staying Court Order Pending Appeal; Priority.

710.65 Appeal to court of appeals; staying court order pending appeal; priority.
Sec. 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 appeal the order to the court of appeals as of right not later than 21 days after the order is entered by the court or not later than 21 days after a petition for a rehearing is denied.
(2) An order of the court entered under this chapter shall not be stayed pending appeal unless ordered by the court of appeals upon motion for good cause shown and on such terms as are deemed just.
(3) An appeal from an order entered under this chapter shall be given priority in the court of appeals and shall take precedence over all other matters, except for other matters that are given priority by specific statutory provision or rule of the supreme court.
History:
Add. 1974, Act 296, Eff. Jan. 1, 1975 ;-- Am. 1982, Act 72, Imd. Eff. Apr. 14, 1982 ;-- Am. 1994, Act 244, Eff. July 5, 1994
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70) › Section 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.

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.
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 sibling, former parent, or adoptive parent, a child placing agency or court or the department shall provide the adoptee, adult former sibling, former parent, or adoptive parent with all of the following:
(a) A copy of the information pamphlet described in subsection (1).
(b) A list of adoption support groups.
(c) Information about the provisions described in this section and sections 27a, 27b, 68, and 68b of this chapter.
(3) If a child placing agency, a court, or the department receives a written request from an adoptee, adult former sibling, former parent, adoptive parent, or any other person biologically related to an adoptee that the requester's current address be placed in its adoption files, the child placing agency, court, or department shall place the information in its adoption files.
History:
Add. 1988, Act 505, Eff. Mar. 30, 1989 ;-- Am. 1990, Act 175, Imd. Eff. July 2, 1990 ;-- Am. 1994, Act 222, Eff. Jan. 1, 1995 ;-- 1994, Act 373, Eff. Jan. 1, 1995
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70) › Section 710.69 - Violation of MCL 710.41 as Felony.

710.69 Violation of MCL 710.41 as felony.
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.
History:
Add. 1974, Act 296, Eff. Jan. 1, 1975 ;-- Am. 1994, Act 373, Eff. Jan. 1, 1995
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70) › Section 710.70 - Prior Adoption Proceedings or Orders of Adoption.

710.70 Prior adoption proceedings or orders of adoption.
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 order of adoption entered before January 1, 1975, in conformity with the law then in effect is not affected or impaired by the repeal of sections 1 to 14 of this chapter, as amended.
History:
Add. 1974, Act 296, Eff. Jan. 1, 1975
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XI - Chapter XI Change of Name of Adult or Minor (711.1...711.3) › Section 711.2 - Fee; Certified Copy of Order.

711.2 Fee; certified copy of order.
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 desired, a certified copy of the order made in the matter, upon payment of the required statutory fee.
History:
1939, Act 288, Eff. Sept. 29, 1939 ;-- CL 1948, 711.2 ;-- Am. 1955, Act 49, Imd. Eff. Apr. 29, 1955 ;-- Am. 1963, Act 131, Eff. Sept. 6, 1963 ;-- Am. 1972, Act 264, Eff. Oct. 1, 1972 ;-- Am. 1996, Act 409, Eff. Jan. 1, 1998
Former Law:
See section 7 of Ch. 64 of Act 314 of 1915, being CL 1915, § 14144; CL 1929, § 15957.
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XI - Chapter XI Change of Name of Adult or Minor (711.1...711.3) › Section 711.3 - Publication or Availability of Record of Proceeding; Placement of Individual in Physical Danger; Violation as Misdemeanor; Exemption; “Stalking” Defined.

711.3 Publication or availability of record of proceeding; placement of individual in physical danger; violation as misdemeanor; exemption; “stalking” defined.
Sec. 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 place and that the record of the proceeding be confidential. Good cause under this section includes, but is not limited to, evidence that publication or availability of a record of the proceeding could place the petitioner or another individual in physical danger, such as evidence that the petitioner or another individual has been the victim of stalking or an assaultive crime.
(2) Evidence under subsection (1) of the possibility of physical danger must include the petitioner's or the endangered individual's sworn statement stating the reason for the fear of physical danger if the record is published or otherwise available. If evidence is offered of stalking or an assaultive crime, the court shall not require proof of an arrest or prosecution for that crime to reach a finding of good cause under subsection (1).
(3) A court officer, employee, or agent who divulges, uses, or publishes, beyond the scope of his or her duties with the court, information from a record made confidential under this section is guilty of a misdemeanor. This subsection does not apply to a disclosure under a court order.
(4) A confidential record created under this section is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(5) As used in this section, "stalking" means that term as defined in sections 411h and 411i of the Michigan penal code, 1931 PA 328, MCL 750.411h and 750.411i.
History:
Add. 2000, Act 111, Imd. Eff. May 24, 2000
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XII - Chapter XII Safe Delivery of Newborns (712.1...712.20) › Section 712.1 - Short Title of Chapter; Definitions.

712.1 Short title of chapter; definitions.
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) "Department" means the department of human services.
(d) "DNA identification profile" and "DNA identification profiling" mean those terms as defined in section 1 of the paternity act, 1956 PA 205, MCL 722.711.
(e) "Domestic violence" means that term as defined in section 1 of 1978 PA 389, MCL 400.1501.
(f) "Emergency service provider" means a uniformed or otherwise identified employee or contractor of a fire department, hospital, or police station when that individual is inside the premises and on duty. Emergency service provider also includes a paramedic or an emergency medical technician when either of those individuals is responding to a 9-1-1 emergency call.
(g) "Fire department" means an organized fire department as that term is defined in section 1 of the fire prevention code, 1941 PA 207, MCL 29.1.
(h) "Gross negligence" means conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results.
(i) "Hospital" means a hospital that is licensed under article 17 of the public health code, 1978 PA 368, MCL 333.20101 to 333.22260.
(j) "Lawyer-guardian ad litem" means an attorney appointed under section 2 of this chapter. A lawyer-guardian ad litem represents the newborn, and has the powers and duties, as set forth in section 17d of chapter XIIA.
(k) "Newborn" means a child who a physician reasonably believes to be not more than 72 hours old.
(l) "Police station" means that term as defined in section 43 of the Michigan vehicle code, 1949 PA 300, MCL 257.43.
(m) "Preplacement assessment" means an assessment of a prospective adoptive parent as described in section 23f of chapter X.
(n) "Surrender" means to leave a newborn with an emergency service provider without expressing an intent to return for the newborn.
History:
Add. 2000 Act 232, Eff. Jan. 1, 2001 ;-- Am. 2006, Act 488, Eff. Jan. 1, 2007
Compiler's Notes:
Enacting section 1 of Act 232 of 2000 provides:“Enacting section 1. Section 19b of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.19b, as amended by this amendatory act, and chapter XII of the probate code of 1939, 1939 PA 288, as added by this amendatory act, do not apply to a proceeding that arises before the effective date of this amendatory act.”The heading to Chapter XII added by 2000 PA 232 (“SAFE DELIVERY OF NEWBORNS”) was incorrectly referenced in 2000 PA 235 as “SURRENDERED NEWBORNS.” The chapter heading evidently should read “SAFE DELIVERY OF NEWBORNS.”
Popular Name:
Baby Abandonment
Popular Name:
Baby Drop Off
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XII - Chapter XII Safe Delivery of Newborns (712.1...712.20) › Section 712.2 - Newborn Surrendered to Emergency Service Provider; Court Jurisdiction; Effect of Other Provisions of Law; Immunity From Civil Action.

712.2 Newborn surrendered to emergency service provider; court jurisdiction; effect of other provisions of law; immunity from civil action.
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 section 5 of this chapter, the reporting requirement of section 3 of the child protection law, 1975 PA 238, MCL 722.623, does not apply regarding a child surrendered to an emergency service provider as provided in section 3 of this chapter.
(3) Unless this chapter specifically provides otherwise, a provision in another chapter of this act does not apply to a proceeding under this chapter. Unless this chapter specifically provides otherwise, the child custody act of 1970, 1970 PA 91, MCL 722.21 to 722.30, does not apply to a proceeding under this chapter.
(4) A hospital and a child placing agency, and their agents and employees, are immune in a civil action for damages for an act or omission in accepting or transferring a newborn under this chapter, except for an act or omission constituting gross negligence or willful or wanton misconduct. To the extent not protected by the immunity conferred by 1964 PA 170, MCL 691.1401 to 691.1415, an employee or contractor of a fire department or police station has the same immunity that this subsection provides to a hospital's or child placing agency's agent or employee.
History:
Add. 2000 Act 232, Eff. Jan. 1, 2001
Compiler's Notes:
Enacting section 1 of Act 232 of 2000 provides:“Enacting section 1. Section 19b of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.19b, as amended by this amendatory act, and chapter XII of the probate code of 1939, 1939 PA 288, as added by this amendatory act, do not apply to a proceeding that arises before the effective date of this amendatory act.”
Popular Name:
Baby Abandonment
Popular Name:
Baby Drop Off
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XII - Chapter XII Safe Delivery of Newborns (712.1...712.20) › Section 712.2a - Confidentiality.

712.2a Confidentiality.
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 are confidential except as otherwise provided in the provisions of this chapter.
(3) An individual who discloses information made confidential under subsection (1) or (2) without a court order or specific authorization under federal or state law is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both. An individual who discloses information made confidential under subsection (1) or (2) without a court order or specific authorization under federal or state law is civilly liable for damages proximately caused by disclosure of that information.
History:
Add. 2006, Act 488, Eff. Jan. 1, 2007
Popular Name:
Baby Abandonment
Popular Name:
Baby Drop Off
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XII - Chapter XII Safe Delivery of Newborns (712.1...712.20) › Section 712.5 - Transfer of Newborn to Hospital; Physician Report of Abuse, Neglect, or Child Not a Newborn; Notice to Child Placing Agency.

712.5 Transfer of newborn to hospital; physician report of abuse, neglect, or child not a newborn; notice to child placing agency.
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 the hospital in compliance with this chapter, taking the newborn into temporary protective custody.
(2) A hospital that takes a newborn into temporary protective custody under this chapter shall have the newborn examined by a physician. If a physician who examines the newborn either determines that there is reason to suspect the newborn has experienced child abuse or child neglect, other than being surrendered to an emergency service provider under section 3 of this chapter, or comes to a reasonable belief that the child is not a newborn, the physician shall immediately report to the department as required by section 3 of the child protection law, 1975 PA 238, MCL 722.623.
(3) If a physician is not required to report to the department as provided in subsection (2), the hospital shall notify a child placing agency that the hospital has taken a newborn into temporary protective custody under this chapter.
History:
Add. 2000 Act 232, Eff. Jan. 1, 2001
Compiler's Notes:
Enacting section 1 of Act 232 of 2000 provides:“Enacting section 1. Section 19b of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.19b, as amended by this amendatory act, and chapter XII of the probate code of 1939, 1939 PA 288, as added by this amendatory act, do not apply to a proceeding that arises before the effective date of this amendatory act.”
Popular Name:
Baby Abandonment
Popular Name:
Baby Drop Off
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XII - Chapter XII Safe Delivery of Newborns (712.1...712.20) › Section 712.10 - Custody Action by Surrendering or Nonsurrendering Parent; Filing; Hearing; Determination of Paternity or Maternity.

712.10 Custody action by surrendering or nonsurrendering parent; filing; hearing; determination of paternity or maternity.
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 of a newborn has been published, an individual claiming to be the nonsurrendering parent of that newborn may file a petition with the court for custody. The surrendering parent or nonsurrendering parent shall file the petition for custody in 1 of the following counties:
(a) If the parent has located the newborn, the county where the newborn is located.
(b) If subdivision (a) does not apply and the parent knows the location of the emergency service provider to whom the newborn was surrendered, the county where the emergency service provider is located.
(c) If neither subdivision (a) nor (b) applies, the county where the parent is located.
(2) If the court in which the petition for custody is filed did not issue the order placing the newborn, the court in which the petition for custody is filed shall locate and contact the court that issued the order and shall transfer the proceedings to that court.
(3) Before holding a custody hearing on a petition filed under this section and not later than 7 days after a petition for custody under this section has been filed, the court shall conduct a hearing to make the determinations of paternity or maternity as described in section 11.
History:
Add. 2000 Act 232, Eff. Jan. 1, 2001 ;-- Am. 2006, Act 488, Eff. Jan. 1, 2007
Compiler's Notes:
Enacting section 1 of Act 232 of 2000 provides:“Enacting section 1. Section 19b of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.19b, as amended by this amendatory act, and chapter XII of the probate code of 1939, 1939 PA 288, as added by this amendatory act, do not apply to a proceeding that arises before the effective date of this amendatory act.”
Popular Name:
Baby Abandonment
Popular Name:
Baby Drop Off
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XII - Chapter XII Safe Delivery of Newborns (712.1...712.20) › Section 712.11 - Blood or Tissue Typing or DNA Identification Profiling; Presumption; Costs; Dismissal of Custody Petition.

712.11 Blood or tissue typing or DNA identification profiling; presumption; costs; dismissal of custody petition.
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 722.716.
(2) Unless the birth was witnessed by the emergency service provider and sufficient documentation exists to support maternity, in a petition for custody filed under this chapter, the court shall order the child and each party claiming maternity 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 722.716.
(3) If the probability of paternity or maternity determined by the blood or tissue typing or DNA identification profiling is 99% or higher and the DNA identification profile and summary report are admissible, paternity or maternity is presumed and the petitioner may move for summary disposition on the issue of paternity or maternity.
(4) The court may order the petitioner to pay all or part of the cost of the paternity or maternity testing.
(5) If the result of the paternity or maternity testing is admissible and establishes that the petitioner could not be the parent of the newborn, the court shall dismiss the petition for custody.
History:
Add. 2000, Act 232, Eff. Jan. 1, 2001 ;-- Am. 2006, Act 488, Eff. Jan. 1, 2007
Compiler's Notes:
Enacting section 1 of Act 232 of 2000 provides:“Enacting section 1. Section 19b of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.19b, as amended by this amendatory act, and chapter XII of the probate code of 1939, 1939 PA 288, as added by this amendatory act, do not apply to a proceeding that arises before the effective date of this amendatory act.”
Popular Name:
Baby Abandonment
Popular Name:
Baby Drop Off
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XII - Chapter XII Safe Delivery of Newborns (712.1...712.20) › Section 712.12, 712.13 - Repealed. 2006, Act 488, Eff. Jan. 1, 2007.

712.12, 712.13 Repealed. 2006, Act 488, Eff. Jan. 1, 2007.
Compiler's Notes:
The repealed sections pertained to blood or tissue typing or DNA identification profile and disclosure of information.
Popular Name:
Baby Abandonment
Popular Name:
Baby Drop Off
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XII - Chapter XII Safe Delivery of Newborns (712.1...712.20) › Section 712.14 - Determination of Custody; Basis; Newborn's Best Interest; Factors.

712.14 Determination of custody; basis; newborn's best interest; factors.
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 for the newborn at the earliest possible date.
(2) A newborn's best interest in a custody action under this chapter is all of the following factors regarding a parent claiming parenthood of the newborn:
(a) The love, affection, and other emotional ties existing between the newborn and the parent.
(b) The parent's capacity to give the newborn love, affection, and guidance.
(c) The parent's capacity and disposition to provide the newborn with food, clothing, medical care, or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.
(d) The permanence, as a family unit, of the existing or proposed custodial home.
(e) The parent's moral fitness.
(f) The parent's mental and physical health.
(g) Whether the parent has a history of domestic violence.
(h) If the parent is not the parent who surrendered the newborn, the opportunity the parent had to provide appropriate care and custody of the newborn before the newborn's birth or surrender.
(i) Any other factor considered by the court to be relevant to the determination of the newborn's best interest.
History:
Add. 2000 Act 232, Eff. Jan. 1, 2001
Compiler's Notes:
Enacting section 1 of Act 232 of 2000 provides:“Enacting section 1. Section 19b of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.19b, as amended by this amendatory act, and chapter XII of the probate code of 1939, 1939 PA 288, as added by this amendatory act, do not apply to a proceeding that arises before the effective date of this amendatory act.”
Popular Name:
Baby Abandonment
Popular Name:
Baby Drop Off
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XII - Chapter XII Safe Delivery of Newborns (712.1...712.20) › Section 712.15 - Court Order.

712.15 Court order.
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 best interests of the newborn are not served by granting custody to the petitioner parent and orders the child placing agency to petition the court for jurisdiction under section 2(b) of chapter XIIA.
(c) Dismisses the petition.
History:
Add. 2000 Act 232, Eff. Jan. 1, 2001 ;-- Am. 2006, Act 488, Eff. Jan. 1, 2007 ;-- Am. 2010, Act 349, Imd. Eff. Dec. 22, 2010
Compiler's Notes:
Enacting section 1 of Act 232 of 2000 provides:“Enacting section 1. Section 19b of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.19b, as amended by this amendatory act, and chapter XII of the probate code of 1939, 1939 PA 288, as added by this amendatory act, do not apply to a proceeding that arises before the effective date of this amendatory act.”
Popular Name:
Baby Abandonment
Popular Name:
Baby Drop Off
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XII - Chapter XII Safe Delivery of Newborns (712.1...712.20) › Section 712.17 - Release or Termination of Parental Rights to Newborn.

712.17 Release or termination of parental rights to newborn.
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 petition for custody of the newborn within 28 days of the surrender, the child placing agency with authority to place the newborn shall immediately file a petition with the court to determine whether the release shall be accepted and whether the court shall enter an order terminating the rights of the surrendering parent.
(3) If the nonsurrendering parent has not filed a petition for custody of the newborn within 28 days of notice of surrender of a newborn under section 10 of this chapter, the child placing agency with authority to place the newborn shall immediately file a petition with the court to determine whether the court shall enter an order terminating the rights of the nonsurrendering parent.
(4) The court shall schedule a hearing on the petition from the child placing agency within 14 days of receipt of that petition. At the hearing, the child placing agency shall present evidence that demonstrates that the surrendering parent released the newborn and that demonstrates the efforts made by the child placing agency to identify, locate, and provide notice to the nonsurrendering parent.
(5) If the court finds by a preponderance of the evidence that the surrendering parent has knowingly released his or her rights to the child and that reasonable efforts were made to locate the nonsurrendering parent and a custody action has not been filed, the court shall enter an order terminating parental rights of the surrendering parent and the nonsurrendering parent under this chapter.
History:
Add. 2000 Act 232, Eff. Jan. 1, 2001 ;-- Am. 2006, Act 488, Eff. Jan. 1, 2007 ;-- Am. 2010, Act 348, Imd. Eff. Dec. 22, 2010
Compiler's Notes:
Enacting section 1 of Act 232 of 2000 provides:“Enacting section 1. Section 19b of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.19b, as amended by this amendatory act, and chapter XII of the probate code of 1939, 1939 PA 288, as added by this amendatory act, do not apply to a proceeding that arises before the effective date of this amendatory act.”
Popular Name:
Baby Abandonment
Popular Name:
Baby Drop Off
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XII - Chapter XII Safe Delivery of Newborns (712.1...712.20) › Section 712.20 - Safe Delivery Program; Establishment.

712.20 Safe delivery program; establishment.
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 this telephone line shall include, but is not limited to, all of the following:
(i) Information on prenatal care and the delivery of a newborn.
(ii) Names of health agencies that can assist in obtaining services and supports that provide for the pregnancy-related health of the mother and the health of the baby.
(iii) Information on adoption options and the name and telephone number of a child placing agency that can assist a parent or expecting parent in obtaining adoption services.
(iv) Information that, in order to safely provide for the health of the mother and her newborn, the best place for the delivery of a child is in a hospital, hospital-based birthing center, or birthing center that is accredited by the commission for the accreditation of birth centers.
(v) An explanation that, to the extent of the law, prenatal care and delivery services are routinely confidential within the health care system, if requested by the mother.
(vi) Information that a hospital will take into protective custody a newborn that is surrendered as provided for in this chapter and, if needed, provide emergency medical assistance to the mother, the newborn, or both.
(vii) Information regarding legal and procedural requirements related to the voluntary surrender of a child as provided for in this chapter.
(viii) Information regarding the legal consequences for endangering a child, including child protective service investigations and potential criminal penalties.
(ix) Information that surrendering a newborn for adoption as provided in this chapter is an affirmative defense to charges of abandonment as provided in section 135 of the Michigan penal code, 1931 PA 328, MCL 750.135.
(x) Information about resources for counseling and assistance with crisis management.
(b) A pamphlet that provides information to the public concerning the safe delivery program. The department of community health and the department shall jointly publish and distribute the pamphlet. The pamphlet shall prominently display the toll-free telephone number prescribed by subdivision (a).
History:
Add. 2000, Act 235, Eff. Jan. 1, 2001 ;-- Am. 2003, Act 245, Imd. Eff. Dec. 29, 2003
Popular Name:
Baby Abandonment
Popular Name:
Baby Drop Off
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.2b - Violation of Vehicle Code or Corresponding Ordinance; Procedure.

712A.2b Violation of vehicle code or corresponding ordinance; procedure.
Sec. 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 of 1949, being sections 257.1 to 257.923 of the Michigan Compiled Laws, or a provision of an ordinance substantially corresponding to any provision of Act No. 300 of the Public Acts of 1949, the following procedure applies, any other provision of this chapter notwithstanding:
(a) No petition shall be required, but the court may act upon a copy of the written notice to appear given the accused juvenile as required by section 728 of the Michigan vehicle code, Act No. 300 of the Public Acts of 1949, being section 257.728 of the Michigan Compiled Laws.
(b) The juvenile's parent or parents, guardian, or custodian may be required to attend a hearing conducted under this section when notified by the court, without additional service of process or delay. However, the court may extend the time for that appearance.
(c) If after hearing the case the court finds the accusation to be true, the court may dispose of the case under section 18 of this chapter.
(d) Within 14 days after entry of a court order of disposition for a juvenile found to be within this chapter, the court shall prepare and forward an abstract of the record of the court for the case in accordance with section 732 of the Michigan vehicle code, Act No. 300 of the Public Acts of 1949, being section 257.732 of the Michigan Compiled Laws.
(e) This section does not limit the court's discretion to restrict the driving privileges of a juvenile as a term or condition of probation.
History:
Add. 1965, Act 42, Imd. Eff. May 25, 1965 ;-- Am. 1988, Act 124, Eff. July 1, 1988 ;-- Am. 1996, Act 409, Eff. Jan. 1, 1998
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.2c - Court Order Authorizing Apprehension of Juvenile; Contents of Order; Interference With Execution of Order; Penalty.

712A.2c Court order authorizing apprehension of juvenile; contents of order; interference with execution of order; penalty.
Sec. 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 without leave from an institution or facility to which he or she was committed under section 18 of this chapter, has violated probation, has failed to appear for a hearing on a petition charging a violation of section 2 of this chapter, is alleged to have violated a personal protection order issued under section 2(h) of this chapter, or is alleged to have violated a valid foreign protection order. The order shall set forth specifically the identity of the juvenile sought and the house, building, or other location or place where there is probable cause to believe the juvenile is to be found. A person who interferes with the lawful attempt to execute an order issued under this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.
History:
Add. 1974, Act 3, Imd. Eff. Jan. 30, 1974 ;-- Am. 1996, Act 409, Eff. Jan. 1, 1998 ;-- Am. 1998, Act 474, Eff. Mar. 1, 1999 ;-- Am. 2001, Act 211, Eff. Apr. 1, 2002
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.2e - Waiver of Jurisdiction Over Civil Infractions; Agreement.

712A.2e Waiver of jurisdiction over civil infractions; agreement.
Sec. 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 jurisdiction over any or all civil infractions alleged to have been committed by juveniles within the geographic jurisdiction of the district court or municipal court. The agreement shall specify for which civil infractions the court waives jurisdiction.
(2) For a civil infraction waived under subsection (1) committed by a juvenile on or after the effective date of the agreement, the district court or municipal court has jurisdiction over the juvenile in the same manner as if an adult had committed the civil infraction. The court has jurisdiction over juveniles who commit any other civil infraction.
History:
Add. 1998, Act 478, Eff. Jan. 12, 1999
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.3 - Criminal Charge Against Person Under Age 17 for Offense Occurring Before October 1, 2021 or Age 18 for Offense Occurring on or After October 1, 2021; Transfer of Case to Family Division of Circuit Court.

712A.3 Criminal charge against person under age 17 for offense occurring before October 1, 2021 or age 18 for offense occurring on or after October 1, 2021; transfer of case to family division of circuit court.
Sec. 3.
(1) For an offense occurring before October 1, 2021, if during the pendency of a criminal charge against an individual in any other court it is ascertained that the individual was under the age of 17 at the time of the commission of the offense, the other court shall transfer the case without delay, together with all the papers, documents, and testimony connected with that case, to the family division of the circuit court of the county in which the other court is situated or in which the individual resides. For an offense occurring on or after October 1, 2021, if during the pendency of a criminal charge against an individual in any other court it is ascertained that the individual was under the age of 18 at the time of the commission of the offense, the other court shall transfer the case without delay, together with all the papers, documents, and testimony connected with that case, to the family division of the circuit court of the county in which the other court is situated or in which the individual resides.
(2) The court making the transfer shall order the individual to be taken promptly to the place of detention designated by the family division of the circuit court or to that court itself or release the juvenile in the custody of some suitable person to appear before the court at a time designated. The court shall then hear and dispose of the case in the same manner as if it had been originally instituted in that court.
History:
Add. 1944, 1st Ex. Sess., Act 54, Imd. Eff. Mar. 6, 1944 ;-- Am. 1946, 1st Ex. Sess., Act 22, Imd. Eff. Feb. 26, 1946 ;-- CL 1948, 712A.3 ;-- Am. 1961, Act 54, Eff. Sept. 8, 1961 ;-- Am. 1972, Act 175, Imd. Eff. June 16, 1972 ;-- Am. 1972, Act 235, Imd. Eff. July 27, 1972 ;-- Am. 1996, Act 409, Eff. Jan. 1, 1998 ;-- Am. 2019, Act 109, Eff. Oct. 1, 2021 ;-- Am. 2021, Act 118, Imd. Eff. Nov. 30, 2021
Former Law:
See section 26 of Ch. XII of Act 288 of 1939, and CL 1929, § 12839.
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.3a - Prior Order of Another Court Affecting Child's Welfare; Notice, Filing, Service, Disclosure.

712A.3a Prior order of another court affecting child's welfare; notice, filing, service, disclosure.
Sec. 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 child is subject to the prior or continuing order of any other court of this state, a notice thereof shall be filed in such other court and a copy of such notice shall be served personally or by registered mail upon the parents, guardian, or persons in loco parentis and upon the prosecuting attorney of the county wherein such other court is located. Such notices shall not disclose any allegations or findings of facts set forth in such petitions or orders, nor the actual person or institution to whom custody is changed. Such facts may be disclosed directly to such prosecuting attorney and shall be disclosed on request of the prosecuting attorney or by order of such other court, but shall be considered as confidential information, the disclosure of which will be subject to the same care as in all juvenile matters.
History:
Add. 1953, Act 193, Eff. Oct. 2, 1953
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.5 - Jurisdiction Over Juvenile After 19 Years of Age.

712A.5 Jurisdiction over juvenile after 19 years of age.
Sec. 5.
The court does not have jurisdiction over an individual after he or she attains the age of 19 years, except as provided in section 2a of this chapter. A commitment of a juvenile to a private or public institution or agency is not valid after the juvenile has reached the age beyond which the court does not have continuing jurisdiction under section 2a of this chapter. Commitments to a private or incorporated institution or agency do not divest the court of jurisdiction unless the juvenile is adopted in a manner provided by law.
History:
Add. 1944, 1st Ex. Sess., Act 54, Imd. Eff. Mar. 6, 1944 ;-- CL 1948, 712A.5 ;-- Am. 1972, Act 175, Imd. Eff. June 16, 1972 ;-- Am. 1996, Act 409, Eff. Jan. 1, 1998 ;-- Am. 2021, Act 118, Imd. Eff. Nov. 30, 2021
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.6 - Jurisdiction; Adults.

712A.6 Jurisdiction; adults.
Sec. 6.
The court has jurisdiction over adults as provided in this chapter and as provided in chapter 10A and chapter 10C of the revised judicature act of 1961, 1961 PA 236, MCL 600.1060 to 600.1082 and 600.1099b to 600.1099m, and may make orders affecting adults as in the opinion of the court are necessary for the physical, mental, or moral well-being of a particular juvenile or juveniles under its jurisdiction. However, those orders must be incidental to the jurisdiction of the court over the juvenile or juveniles.
History:
Add. 1944, 1st Ex. Sess., Act 54, Imd. Eff. Mar. 6, 1944 ;-- CL 1948, 712A.6 ;-- Am. 1996, Act 409, Eff. Jan. 1, 1998 ;-- Am. 2004, Act 221, Eff. Jan. 1, 2005 ;-- Am. 2018, Act 592, Eff. Mar. 28, 2019
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.6a - Hearing; Attendance by Parent or Guardian Required; Exception; Failure to Attend.

712A.6a Hearing; attendance by parent or guardian required; exception; failure to attend.
Sec. 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 under this chapter unless the court excuses the parent or guardian from attendance for good cause. A parent or guardian who fails to attend the juvenile's hearing without good cause may be held in contempt and subject to fines. Failure of a parent or guardian to attend a hearing, however, is not grounds for an adjournment, continuance, or other delay of the proceeding and does not provide a basis for appellate or other relief.
History:
Add. 1996, Act 252, Eff. Jan. 1, 1997
Popular Name:
Probate Code
Popular Name:
Juvenile Code