reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 199 of 1988 - Surrogate Parenting Act (722.851 - 722.863) › Section 722.859 - Surrogate Parentage Contract for Compensation Prohibited; Surrogate Parentage Contract for Compensation as Misdemeanor or Felony; Penalty.

722.859 Surrogate parentage contract for compensation prohibited; surrogate parentage contract for compensation as misdemeanor or felony; penalty.
Sec. 9.
(1) A person shall not enter into, induce, arrange, procure, or otherwise assist in the formation of a surrogate parentage contract for compensation.
(2) A participating party other than an unemancipated minor female or a female diagnosed as being intellectually disabled or as having a mental illness or developmental disability who knowingly enters into a surrogate parentage contract for compensation is guilty of a misdemeanor punishable by a fine of not more than $10,000.00 or imprisonment for not more than 1 year, or both.
(3) A person other than a participating party who induces, arranges, procures, or otherwise assists in the formation of a surrogate parentage contract for compensation is guilty of a felony punishable by a fine of not more than $50,000.00 or imprisonment for not more than 5 years, or both.
History:
1988, Act 199, Eff. Sept. 1, 1988 ;-- Am. 2014, Act 69, Imd. Eff. Mar. 28, 2014
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 199 of 1988 - Surrogate Parenting Act (722.851 - 722.863) › Section 722.861 - Custody of Child.

722.861 Custody of child.
Sec. 11.
If a child is born to a surrogate mother or surrogate carrier pursuant to a surrogate parentage contract, and there is a dispute between the parties concerning custody of the child, the party having physical custody of the child may retain physical custody of the child until the circuit court orders otherwise. The circuit court shall award legal custody of the child based on a determination of the best interests of the child. As used in this section, "best interests of the child" means that term as defined in section 3 of the child custody act of 1970, Act No. 91 of the Public Acts of 1970, being section 722.23 of the Michigan Compiled Laws.
History:
1988, Act 199, Eff. Sept. 1, 1988
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 199 of 1988 - Surrogate Parenting Act (722.851 - 722.863) › Section 722.863 - Effective Date.

722.863 Effective date.
Sec. 13.
This act shall take effect September 1, 1988.
History:
1988, Act 199, Eff. Sept. 1, 1988
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 260 of 2008 - Guardianship Assistance Act (722.871 - 722.881) › Section 722.871 - Short Title.

722.871 Short title.
Sec. 1.
This act shall be known and may be cited as the "guardianship assistance act".
History:
2008, Act 260, Imd. Eff. Aug. 4, 2008 ;-- Am. 2009, Act 15, Imd. Eff. Apr. 9, 2009
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 260 of 2008 - Guardianship Assistance Act (722.871 - 722.881) › Section 722.872 - Definitions.

722.872 Definitions.
Sec. 2.
As used in this act:
(a) "Certification" means a determination of eligibility by the department that a foster child is eligible for guardianship assistance or a medical subsidy, or both.
(b) "Child" means an individual less than 18 years of age.
(c) "Child placing agency" means that term as defined in section 1 of 1973 PA 116, MCL 722.111.
(d) "Department" means the department of health and human services.
(e) "Eligible child" means a child who meets the eligibility criteria under section 3 for receiving guardianship assistance.
(f) "Guardian" means a person appointed by the court to act as a legal guardian for a child under section 19a or 19c of chapter XIIA of the probate code, MCL 712A.19a and 712A.19c, another state's law or code, or applicable tribal law or code.
(g) "Guardianship assistance agreement" means a negotiated binding agreement regarding financial support as described in section 5 for children who meet the qualifications for guardianship assistance as specified in this act or in the department's administrative rules.
(h) "Legal custodian" means an individual who is at least 18 years of age in whose care a child remains or is placed after a court makes a finding under section 13a of chapter XIIA of the probate code, MCL 712A.13a, another state's law or code, or tribal law or code.
(i) "Probate code" means the probate code of 1939, 1939 PA 288, MCL 710.21 to 712B.41.
(j) "Prospective guardian" means an individual seeking guardianship of a child if an order appointing that guardianship has not been finalized by the court.
(k) "Relative" means that term as defined in section 13a of chapter XIIA of the probate code, MCL 712A.13a.
(l) "Successor guardian" means a person appointed by the court to act as a legal guardian when the preceding guardian is no longer able to act, as a result of his or her death or incapacitation, under section 19a or 19c of chapter XIIA of the probate code, MCL 712A.19a and 712A.19c, another state's law or code, or tribal law or code. Successor guardian does not include an individual appointed as a guardian if that individual's parental rights to the child have been terminated or suspended.
(m) "Title IV-E" refers to the federal assistance provided through the United States Department of Health and Human Services to reimburse states for foster care, adoption assistance payments, and guardianship assistance payments.
History:
2008, Act 260, Imd. Eff. Aug. 4, 2008 ;-- Am. 2009, Act 15, Imd. Eff. Apr. 9, 2009 ;-- Am. 2015, Act 227, Imd. Eff. Dec. 17, 2015 ;-- Am. 2022, Act 210, Imd. Eff. Oct. 7, 2022 ;-- Am. 2023, Act 69, Imd. Eff. July 12, 2023
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 260 of 2008 - Guardianship Assistance Act (722.871 - 722.881) › Section 722.873 - Guardianship Assistance; Eligibility.

722.873 Guardianship assistance; eligibility.
Sec. 3.
(1) A child is eligible to receive guardianship assistance if the department determines that all of the following have been met:
(a) The child has been removed from his or her home as a result of a judicial determination by a state court or tribal court within this state that allowing the child to remain in the home would be contrary to the child's welfare.
(b) The child has resided in the home of the prospective guardian for, at a minimum, 6 consecutive months.
(c) Reunification and placing the child for adoption are not appropriate permanency options.
(d) The child demonstrates a strong attachment to the prospective guardian and the guardian has a strong commitment to caring permanently for the child until the child reaches 18 years of age.
(e) If the child has reached 14 years of age, he or she has been consulted regarding the guardianship arrangement.
(f) Certification has been made before the child's eighteenth birthday.
(g) The guardianship assistance agreement has been signed by the prospective guardian and the department before the guardianship is finalized by the court and before the child's eighteenth birthday.
(2) A determination by the department on the eligibility of guardianship assistance does not affect a judicial finding that a guardianship should be ordered for the child.
History:
2008, Act 260, Imd. Eff. Aug. 4, 2008 ;-- Am. 2009, Act 15, Imd. Eff. Apr. 9, 2009 ;-- Am. 2015, Act 227, Imd. Eff. Dec. 17, 2015 ;-- Am. 2023, Act 69, Imd. Eff. July 12, 2023
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 260 of 2008 - Guardianship Assistance Act (722.871 - 722.881) › Section 722.874 - Guardianship Assistance; Payment to Eligible Guardian; Criteria; Eligibility for Federal Funding Under Title Iv-E; Sibling Ineligible for Federal Funding; Successor Guardian.

722.874 Guardianship assistance; payment to eligible guardian; criteria; eligibility for federal funding under title IV-E; sibling ineligible for federal funding; successor guardian.
Sec. 4.
(1) Subject to subsection (2), a guardian who meets all of the following criteria may receive guardianship assistance on behalf of an eligible child:
(a) The guardian is the eligible child's relative or legal custodian.
(b) The guardian is a licensed foster parent and approved for guardianship assistance by the department. The approval process must include criminal record checks and child abuse and child neglect central registry checks on the guardian, all successor guardians, and all adults living in the guardian's or successor guardian's home as well as submission of the guardian's or successor guardian's fingerprints to the department of state police and the Federal Bureau of Investigation for a criminal history check.
(c) The eligible child has resided with the prospective guardian in the prospective guardian's residence for a minimum of 6 months before the application for guardianship assistance is received by the department.
(2) Only a relative who is a licensed foster parent caring for a child who is eligible to receive title IV-E-funded foster care payments for 6 consecutive months after licensure of the family is eligible for federal funding under title IV-E for guardianship assistance. A child who is not eligible for title IV-E funding who is placed with a licensed foster parent, related or unrelated, and who meets the requirements of section 3(a) to (e) may be eligible for state-funded guardianship assistance.
(3) If a child is eligible for title IV-E-funded guardianship assistance under section 3 but has a sibling who is not eligible under section 3, both of the following apply:
(a) The child and any of the child's siblings may be placed in the same relative guardianship arrangement in accordance with chapter XIIA of the probate code, MCL 712A.1 to 712A.32, another state's law or code, or tribal law or code, if the department and the relative agree on the appropriateness of the arrangement for the sibling.
(b) Title IV-E-funded relative guardianship assistance payments may be paid on behalf of each sibling placed in accordance with this subsection.
(4) A successor guardian may receive guardianship assistance payments if the eligibility criteria set forth in section 3 are met.
History:
2008, Act 260, Imd. Eff. Aug. 4, 2008 ;-- Am. 2009, Act 15, Imd. Eff. Apr. 9, 2009 ;-- Am. 2015, Act 227, Imd. Eff. Dec. 17, 2015 ;-- Am. 2019, Act 95, Eff. Jan. 22, 2020 ;-- Am. 2023, Act 69, Imd. Eff. July 12, 2023
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 260 of 2008 - Guardianship Assistance Act (722.871 - 722.881) › Section 722.875 - Guardianship Assistance; Negotiating and Entering Guardianship Assistance Agreement; Specifications; Limitation on Payment; Review by Department; Eligibility Determination.

722.875 Guardianship assistance; negotiating and entering guardianship assistance agreement; specifications; limitation on payment; review by department; eligibility determination.
Sec. 5.
(1) Subject to the provisions of this act, the department may pay guardianship assistance to an eligible guardian on behalf of an eligible child.
(2) The guardian must apply for guardianship assistance under this act to the department.
(3) For a child who is eligible under section 3 and a guardian who is eligible under section 4, the department must negotiate and enter into a written, binding guardianship assistance agreement with the child's prospective guardian and must provide the prospective guardian a signed copy of the guardianship assistance agreement.
(4) The guardianship assistance agreement must specify all of the following:
(a) The additional services and assistance the child and the guardian are eligible for under the guardianship assistance agreement.
(b) The procedure by which the guardian may apply for additional services, if needed.
(c) That the department will pay the total cost of nonrecurring expenses associated with obtaining legal guardianship of an eligible child, to the extent the total cost does not exceed $2,000.00.
(5) The guardianship assistance agreement must remain in effect without regard to the state residency of the guardian.
(6) The department must determine eligibility for the guardianship assistance without regard to the income of the prospective guardian. A guardianship assistance payment on a child's behalf may not exceed the foster care maintenance payment that would have been paid on that child's behalf if that child had remained in a foster family home. The payment includes the determination of care rate that was paid or would have been paid for the child in a foster care placement, except that the amount must be increased to reflect the increase made in the standard age-appropriate foster care rate paid by the department.
(7) The department must review the eligibility of the guardian and the child for continuation of guardianship assistance annually. The guardian must provide the eligibility information requested by the department for purposes of the annual review.
(8) The department must make an eligibility determination within 30 days after receipt of a complete application for guardianship assistance.
History:
2008, Act 260, Imd. Eff. Aug. 4, 2008 ;-- Am. 2009, Act 15, Imd. Eff. Apr. 9, 2009 ;-- Am. 2023, Act 68, Imd. Eff. July 12, 2023
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 260 of 2008 - Guardianship Assistance Act (722.871 - 722.881) › Section 722.875a - Permanency Plan Including Placement With Guardian and Receipt of Guardianship Assistance Payments; Information to Be Included in Case Service Plan.

722.875a Permanency plan including placement with guardian and receipt of guardianship assistance payments; information to be included in case service plan.
Sec. 5a.
For a child whose permanency plan includes placement with a guardian and will include receiving guardianship assistance payments, the department, child placing agency, or tribal child welfare agency must include in the case service plan for the child all of the following:
(a) The steps that the department, child placing agency, or tribal child welfare agency has taken to determine that reunification and placing the child for adoption have been determined not to be in the child's best interest and ruled out as appropriate permanency options.
(b) The reason for any separation of siblings during placement.
(c) The reason a permanent placement through guardianship until the child reaches 18 years of age is in the child's best interest.
(d) The reason why reunification and adoption have or have not been ruled out.
(e) The efforts the department, child placing agency, or tribal child welfare agency has made to discuss adoption by the prospective guardian as a permanent alternative to legal guardianship and documentation of the reason the prospective guardian has chosen not to pursue adoption.
(f) In cases where the parental rights have not been terminated, the efforts the department, the child placing agency, or the tribal child welfare agency has made to discuss with the child's birth parent or parents the guardianship assistance arrangement, or the reasons why the efforts were not made.
History:
Add. 2009, Act 15, Imd. Eff. Apr. 9, 2009 ;-- Am. 2015, Act 227, Imd. Eff. Dec. 17, 2015 ;-- Am. 2023, Act 68, Imd. Eff. July 12, 2023
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 260 of 2008 - Guardianship Assistance Act (722.871 - 722.881) › Section 722.875b - Legal Guardianship as Judicially Created Relationship; Transfer of Parental Rights to Guardian.

722.875b Legal guardianship as judicially created relationship; transfer of parental rights to guardian.
Sec. 5b.
The legal guardianship must be a judicially created relationship as provided for under sections 19a and 19c of chapter XIIA of the probate code, MCL 712A.19a and 712A.19c, another state's law or code, or tribal law or code when the child is a ward of this state, between the child and the child's guardian that is intended to be permanent and self-sustaining as evidenced by the transfer to the guardian of the following parental rights with respect to the child:
(a) Protection.
(b) Education.
(c) Care and control of the individual.
(d) Custody of the individual.
(e) Decision making.
History:
Add. 2009, Act 15, Imd. Eff. Apr. 9, 2009 ;-- Am. 2015, Act 227, Imd. Eff. Dec. 17, 2015 ;-- Am. 2023, Act 68, Imd. Eff. July 12, 2023
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 260 of 2008 - Guardianship Assistance Act (722.871 - 722.881) › Section 722.875c - Guardianship Assistance; Successor Guardian.

722.875c Guardianship assistance; successor guardian.
Sec. 5c.
(1) Subject to provisions of this act, the department may pay guardianship assistance to an eligible successor guardian on behalf of an eligible child.
(2) The successor guardian shall apply for guardianship assistance under this act to the department.
(3) The preceding guardianship assistance agreement may be transferred to a successor guardian who has been appointed by the court. This occurs when the successor guardian enters into a written, binding guardianship assistance agreement with the department.
(4) Payment of guardian assistance shall not be made to a successor guardian until the court appoints a successor guardian. If the successor guardian began caring for the child before the court appoints the successor guardian, guardianship assistance payments can be made retroactively to either the date of death of the relative guardian, the date of incapacity of the relative guardian, or the date the successor guardian assumed care of the child, whichever is later.
(5) A successor guardian may be eligible to receive guardianship assistance on behalf of an eligible child if the department determines that all of the following apply:
(a) A guardianship assistance agreement for the child was in effect before the appointment of the successor guardian.
(b) The successor guardian was appointed by the court as a result of the death or incapacitation of the preceding guardian.
(c) The preceding guardian had an active guardianship assistance agreement for the child before his or her death or incapacitation.
(d) The successor guardian meets all of the conditions set forth in this act.
History:
Add. 2015, Act 227, Imd. Eff. Dec. 17, 2015
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 260 of 2008 - Guardianship Assistance Act (722.871 - 722.881) › Section 722.875d - Rules.

722.875d Rules.
Sec. 5d.
The department may promulgate rules according to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, that are necessary to implement and administer the program under this act in compliance with federal law.
History:
Add. 2015, Act 227, Imd. Eff. Dec. 17, 2015
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 260 of 2008 - Guardianship Assistance Act (722.871 - 722.881) › Section 722.876 - Guardianship Assistance; Prohibition; Conditions; Notice of Termination.

722.876 Guardianship assistance; prohibition; conditions; notice of termination.
Sec. 6.
(1) Except as provided in subsection (2), the department may not provide guardianship assistance after 1 of the following occurs:
(a) The child reaches 18 years of age.
(b) The department determines that the guardian is no longer legally responsible for support of the child.
(c) The department determines that the child is no longer receiving any support from the relative guardian.
(d) The death of the child.
(e) The child is adopted by the guardian or another individual under the Michigan adoption code, chapter X of the probate code, MCL 710.21 to 710.70, or the adoption laws of any other state or tribal government.
(f) The guardianship is terminated by order of the court having jurisdiction in the guardianship proceeding.
(g) The death of the guardian unless a successor guardian has been appointed by the court.
(2) The department may provide extended guardianship assistance until the youth reaches 21 years of age if the youth meets the requirements set forth in the young adult voluntary foster care act, 2011 PA 225, MCL 400.641 to 400.671.
(3) The department must send notice of termination of guardianship assistance under this section by mail to the guardian at the guardian's current or last known address and to the court with jurisdiction over the guardianship case. Notice mailed under this subsection must include a statement of the department's reason for termination.
History:
2008, Act 260, Imd. Eff. Aug. 4, 2008 ;-- Am. 2009, Act 15, Imd. Eff. Apr. 9, 2009 ;-- Am. 2011, Act 229, Imd. Eff. Nov. 22, 2011 ;-- Am. 2015, Act 227, Imd. Eff. Dec. 17, 2015 ;-- Am. 2023, Act 68, Imd. Eff. July 12, 2023
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 260 of 2008 - Guardianship Assistance Act (722.871 - 722.881) › Section 722.877 - Public or Private Medical Insurance or Assistance; Application and Maintenance.

722.877 Public or private medical insurance or assistance; application and maintenance.
Sec. 7.
The guardian or successor guardian shall apply for and maintain on behalf of the child any public or private medical insurance or assistance for which the child is eligible, including eligibility under applicable laws providing financial assistance for medical or health care expenses.
History:
2008, Act 260, Imd. Eff. Aug. 4, 2008 ;-- Am. 2015, Act 227, Imd. Eff. Dec. 17, 2015
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 260 of 2008 - Guardianship Assistance Act (722.871 - 722.881) › Section 722.878 - Collecting, Assembling, and Reporting Data and Information.

722.878 Collecting, assembling, and reporting data and information.
Sec. 8.
(1) The department is responsible for collecting, assembling, and reporting all data and information required for reporting purposes.
(2) The guardian or successor guardian shall cooperate with the department and provide all information that the guardian or successor guardian possesses as requested by the department to facilitate compliance with this section.
History:
2008, Act 260, Imd. Eff. Aug. 4, 2008 ;-- Am. 2015, Act 227, Imd. Eff. Dec. 17, 2015
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 260 of 2008 - Guardianship Assistance Act (722.871 - 722.881) › Section 722.879 - Appeal of Decision.

722.879 Appeal of decision.
Sec. 9.
An applicant for guardianship assistance under this act or a guardian, successor guardian, or child who has received guardianship assistance under a guardianship assistance agreement may appeal a decision of the department denying the application, establishing or modifying the guardianship assistance, or terminating guardianship assistance according to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
History:
2008, Act 260, Imd. Eff. Aug. 4, 2008 ;-- Am. 2009, Act 15, Imd. Eff. Apr. 9, 2009 ;-- Am. 2015, Act 227, Imd. Eff. Dec. 17, 2015
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 260 of 2008 - Guardianship Assistance Act (722.871 - 722.881) › Section 722.880 - Repealed. 2009, Act 15, Imd. Eff. Apr. 9, 2009.

722.880 Repealed. 2009, Act 15, Imd. Eff. Apr. 9, 2009.
Compiler's Notes:
The repealed section pertained to department being subject to federal laws and regulations if title IV-E is approved.
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 260 of 2008 - Guardianship Assistance Act (722.871 - 722.881) › Section 722.881 - Postpermanency Services; Eligibility.

722.881 Postpermanency services; eligibility.
Sec. 11.
Families are eligible for postpermanency services in the same manner as adoptive families.
History:
2008, Act 260, Imd. Eff. Aug. 4, 2008
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 211 of 1990 - The Parental Rights Restoration Act (722.901 - 722.909) › Section 722.901 - Short Title.

722.901 Short title.
Section 1.
This act shall be known and may be cited as "the parental rights restoration act".
History:
1990, Act 211, Eff. Mar. 28, 1991
Popular Name:
Parental Consent Law
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 211 of 1990 - The Parental Rights Restoration Act (722.901 - 722.909) › Section 722.902 - Definitions.

722.902 Definitions.
Section 2.
As used in this act:
(a) "Abortion" means the intentional use of an instrument, drug, or other substance or device to terminate a woman's pregnancy for a purpose other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus. Abortion does not include the use or prescription of a drug or device intended as a contraceptive.
(b) "Medical emergency" means that condition which, on the basis of a physician's good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate an immediate abortion of that woman's pregnancy to avert her death, or for which a delay in performing an abortion will create serious risk of substantial and irreversible impairment of a major bodily function.
(c) "Minor" means a person under the age of 18 years who is not emancipated pursuant to section 4 of Act No. 293 of the Public Acts of 1968, being section 722.4 of the Michigan Compiled Laws.
(d) "Next friend" means a person who is not 1 of the following:
(i) A physician who performs abortions.
(ii) A person who is employed by, or receives financial consideration from, a physician who performs abortions or an organization that provides abortions or abortion counseling and referral services.
(iii) A person who serves as a board member or volunteer to an organization that provides abortions or abortion counseling and referral services.
History:
1990, Act 211, Eff. Mar. 28, 1991 ;-- Am. 1992, Act 244, Eff. Mar. 31, 1993
Popular Name:
Parental Consent Law
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 211 of 1990 - The Parental Rights Restoration Act (722.901 - 722.909) › Section 722.903 - Consent to Abortion on Minor; Petition for Waiver of Parental Consent.

722.903 Consent to abortion on minor; petition for waiver of parental consent.
Section 3.
(1) Except as otherwise provided in this act, a person shall not perform an abortion on a minor without first obtaining the written consent of the minor and 1 of the parents or the legal guardian of the minor.
(2) If a parent or the legal guardian is not available or refuses to give his or her consent, or if the minor elects not to seek consent of a parent or the legal guardian, the minor may petition the probate court pursuant to section 4 for a waiver of the parental consent requirement of this section.
History:
1990, Act 211, Eff. Mar. 28, 1991
Popular Name:
Parental Consent Law
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 211 of 1990 - The Parental Rights Restoration Act (722.901 - 722.909) › Section 722.905 - Medical Emergency Abortion.

722.905 Medical emergency abortion.
Section 5.
The requirements of Section 3 do not apply to an abortion performed pursuant to a medical emergency.
History:
1990, Act 211, Eff. Mar. 28, 1991 ;-- Am. 1992, Act 244, Eff. Mar. 31, 1993
Popular Name:
Parental Consent Law
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 211 of 1990 - The Parental Rights Restoration Act (722.901 - 722.909) › Section 722.906 - Residency of Minor.

722.906 Residency of minor.
Section 6.
The requirements of this act apply regardless of whether the minor is a resident of this state.
History:
1990, Act 211, Eff. Mar. 28, 1991
Popular Name:
Parental Consent Law
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 211 of 1990 - The Parental Rights Restoration Act (722.901 - 722.909) › Section 722.907 - Violation as Misdemeanor; Failure to Obtain Parental Consent or Copy of Waiver as Evidence in Civil Action; Exemplary Damages.

722.907 Violation as misdemeanor; failure to obtain parental consent or copy of waiver as evidence in civil action; exemplary damages.
Section 7.
(1) A person who intentionally performs an abortion in violation of this act is guilty of a misdemeanor.
(2) A person's failure to obtain either parental consent pursuant to this act or a copy of a waiver granted under section 4 before performing an abortion on a minor is prima facie evidence in appropriate civil actions of his or her failure to obtain informed consent to perform the abortion or of his or her interference with family relations. A court shall not construe the law of this state to preclude exemplary damages in a civil action related to violations of this act.
History:
1990, Act 211, Eff. Mar. 28, 1991
Popular Name:
Parental Consent Law
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 211 of 1990 - The Parental Rights Restoration Act (722.901 - 722.909) › Section 722.908 - Right to Abortion Not Created; Prohibited Conduct.

722.908 Right to abortion not created; prohibited conduct.
Section 8.
(1) This act does not create a right to an abortion.
(2) Notwithstanding any other provision of this act, a person shall not perform an abortion that is prohibited by law.
History:
1990, Act 211, Eff. Mar. 28, 1991
Popular Name:
Parental Consent Law
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 211 of 1990 - The Parental Rights Restoration Act (722.901 - 722.909) › Section 722.909 - Repealed. 1991, Act 80, Imd. Eff. July 18, 1991.

722.909 Repealed. 1991, Act 80, Imd. Eff. July 18, 1991.
Compiler's Notes:
The repealed section pertained to required information for certain pupils and standardized information form.
Popular Name:
Parental Consent Law
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 204 of 1994 - The Children's Ombudsman Act (722.921 - 722.935) › Section 722.921 - Short Title.

722.921 Short title.
Sec. 1.
This act may be cited as the "office of the child advocate act".
History:
1994, Act 204, Eff. Jan. 1, 1995 ;-- Am. 2023, Act 303, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 204 of 1994 - The Children's Ombudsman Act (722.921 - 722.935) › Section 722.923 - Office of the Child Advocate; Establishment; Appointment; Removal.

722.923 Office of the child advocate; establishment; appointment; removal.
Sec. 3.
(1) As a means of effecting changes in policy, procedure, and legislation, educating the public, investigating and reviewing actions of the department, child placing agencies, child caring institutions, or residential facilities, monitoring and ensuring compliance with relevant statutes, rules, and policies pertaining to children's protective services and the placement, supervision, treatment, and improving delivery of care of children in foster care and adoptive homes, and providing juvenile justice services, the office of the child advocate is established as an autonomous entity in the department of technology, management, and budget.
(2) The governor shall appoint an individual as the child advocate with the advice and consent of the senate. The individual must be qualified by training and experience to perform the duties and exercise the powers of the child advocate and the office of the child advocate as provided in this act.
(3) The governor may remove the child advocate from office for cause that includes, but is not limited to, incompetency to properly exercise duties, official misconduct, habitual or willful neglect of duty, or other misfeasance or malfeasance in connection with the operation of the office of the child advocate. The governor must report the reason for the removal to the legislature.
(4) The child advocate serves at the pleasure of the governor.
History:
1994, Act 204, Eff. Jan. 1, 1995 ;-- Am. 2004, Act 560, Imd. Eff. Jan. 3, 2005 ;-- Am. 2023, Act 303, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 204 of 1994 - The Children's Ombudsman Act (722.921 - 722.935) › Section 722.924 - Procedures; Training; Complaint; Investigation; Notification of Safety Concerns.

722.924 Procedures; training; complaint; investigation; notification of safety concerns.
Sec. 4.
(1) The child advocate shall establish procedures for the office for budgeting, expending money, and employing personnel according to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. Subject to annual appropriations, the child advocate must employ sufficient personnel to carry out the duties and powers prescribed by this act.
(2) The child advocate must establish procedures for receiving and processing complaints from complainants and individuals not meeting the definition of complainant, conducting investigations, holding informal hearings, and reporting findings and recommendations resulting from investigations.
(3) Personnel employed by the office of the child advocate shall receive training in the areas of child abuse or child neglect as determined by the child advocate.
(4) Any individual may submit a complaint to the child advocate. The child advocate has the sole discretion and authority to determine if a complaint falls within his or her duties and powers to investigate and if a complaint involves an administrative act. The child advocate may initiate an investigation without receiving a complaint. The child advocate may initiate an investigation upon receipt of a complaint from an individual not meeting the definition of complainant. An individual not meeting the definition of complainant is not entitled to receive information under this act as if he or she is a complainant. The individual is entitled to receive the published findings and recommendations of the child advocate and the department's or the residential facility's response to the recommendations of the child advocate in accordance with state and federal law. During the course of an investigation, the child advocate may refer a case to the department if the child advocate determines that the department received a complaint on the case, but did not conduct an investigation. If the child advocate refers a case to the department, the department must conduct an investigation of the case or provide notice to the child advocate why an investigation was not conducted, or what alternative steps may have been taken to address the situation. If an investigation has been conducted, the department must report the results to the child advocate.
(5) The child advocate must notify the department or residential facility of any immediate safety concerns regarding a child or children who are part of an active or open child protective services or foster care case. This notification must occur as soon as possible, but not later than 1 business day after the child advocate becomes aware of the concerns.
History:
1994, Act 204, Eff. Jan. 1, 1995 ;-- Am. 2004, Act 560, Imd. Eff. Jan. 3, 2005 ;-- Am. 2014, Act 243, Eff. Sept. 25, 2014 ;-- Am. 2023, Act 303, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 204 of 1994 - The Children's Ombudsman Act (722.921 - 722.935) › Section 722.925 - Individuals Making Complaint to Child Advocate.

722.925 Individuals making complaint to child advocate.
Sec. 5.
All of the following individuals may make a complaint to the child advocate with respect to a particular child, alleging that an administrative act is contrary to law, rule, or policy, imposed without an adequate statement of reason, or based on irrelevant, immaterial, or erroneous grounds:
(a) The child, if he or she is able to articulate a complaint.
(b) A biological parent of the child.
(c) A foster parent of the child.
(d) An adoptive parent or a prospective adoptive parent of the child.
(e) A legally appointed guardian of the child.
(f) A guardian ad litem of the child.
(g) An adult who is related to the child within the fifth degree by marriage, blood, or adoption, as defined in section 22 of the adoption code, MCL 710.22.
(h) A Michigan legislator.
(i) An individual required to report child abuse or child neglect under section 3 of the child protection law, MCL 722.623.
(j) A judge for a juvenile receiving juvenile justice services.
(k) The governor.
(l) An attorney for any individual described in subdivisions (a) to (k).
History:
1994, Act 204, Eff. Jan. 1, 1995 ;-- Am. 2004, Act 560, Imd. Eff. Jan. 3, 2005 ;-- Am. 2023, Act 303, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 204 of 1994 - The Children's Ombudsman Act (722.921 - 722.935) › Section 722.925a - Child Advocate; Powers.

722.925a Child advocate; powers.
Sec. 5a.
The child advocate is authorized to do all of the following:
(a) Pursue all necessary action, including, but not limited to, legal action, to protect the rights and welfare of a child under the jurisdiction, control, or supervision of the department, the Michigan children's institute, the family division of circuit court under section 2(a)(1) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2, a child caring institution, a child placing agency, or a residential facility or a child who is the victim in a child protective services maltreatment in care investigation. A court's placement decision is not subject to the child advocate's authority.
(b) Pursue legislative advocacy in the best interests of children.
(c) Review policies and procedures relating to the department's or a residential facility's involvement with children and make recommendations for improvement.
(d) Subject to an appropriation of funds, commence and conduct investigations into alleged violations of the foster parent's bill of rights law.
(e) Mediate issues and educate the public regarding complaints dealing with certain county and private agencies serving children, maltreatment in care investigations, and investigations of lack of or insufficient services regarding a residential facility.
History:
Add. 2004, Act 560, Imd. Eff. Jan. 3, 2005 ;-- Am. 2013, Act 38, Imd. Eff. June 4, 2013 ;-- Am. 2014, Act 455, Eff. Apr. 1, 2015 ;-- Am. 2023, Act 303, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 204 of 1994 - The Children's Ombudsman Act (722.921 - 722.935) › Section 722.927 - Decision to Investigate; Notice; Pursuing Administrative Remedies or Channels of Complaint; Further Investigation; Violation of State or Federal Criminal Law; Complaint Against Child Placing Agency; Petition Requesting Court Jurisdiction or Termination of Parental Rights.

722.927 Decision to investigate; notice; pursuing administrative remedies or channels of complaint; further investigation; violation of state or federal criminal law; complaint against child placing agency; petition requesting court jurisdiction or termination of parental rights.
Sec. 7.
(1) Upon deciding to investigate a complaint, from a complainant and an individual not meeting the definition of complainant, the child advocate must notify the complainant or the individual not meeting the definition of complainant of the decision to investigate and must notify the department, adoption attorney, child placing agency, or residential facility of the intention to investigate. If the child advocate declines to investigate a complaint or continue an investigation, the child advocate must notify the complainant or the individual not meeting the definition of complainant and the department, child placing agency, or residential facility of the decision and of the reasons for the child advocate's action.
(2) The child advocate must advise a complainant of administrative remedies and may advise the individual to pursue all administrative remedies or channels of complaint open to the complainant before pursuing a complaint with the child advocate. Subsequent to the administrative processing of a complaint, the child advocate may conduct further investigations of a complaint upon the request of the complainant or upon the child advocate's own initiative.
(3) If the child advocate finds in the course of an investigation that an individual's action is in violation of state or federal criminal law, the child advocate must immediately report that fact to the county prosecutor or the attorney general. If the complaint is against a child placing agency or residential facility, the child advocate must refer the matter to the department for further action with respect to licensing.
(4) The child advocate may file a petition on behalf of a child requesting the court to take jurisdiction under section 2(b) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2, or a petition for termination of parental rights under section 19b of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.19b, if the child advocate is satisfied that the complainant has contacted the department, the prosecuting attorney, the child's attorney, and the child's guardian ad litem, if any, and that none of these persons intend to file a petition as described in this subsection.
History:
1994, Act 204, Eff. Jan. 1, 1995 ;-- Am. 2004, Act 560, Imd. Eff. Jan. 3, 2005 ;-- Am. 2013, Act 38, Imd. Eff. June 4, 2013 ;-- Am. 2023, Act 303, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 204 of 1994 - The Children's Ombudsman Act (722.921 - 722.935) › Section 722.928 - Department, Child Placing Agency, and Residential Facility; Duties; Information to Be Provided to Biological Parent, Adoptive Parent, or Foster Parent; Access to Departmental Computer Networks.

722.928 Department, child placing agency, and residential facility; duties; information to be provided to biological parent, adoptive parent, or foster parent; access to departmental computer networks.
Sec. 8.
(1) The department, a child placing agency, and a residential facility must do all of the following:
(a) Upon the child advocate's request, grant the child advocate or his or her designee access to all information, records, and documents in the possession of the department, child placing agency, or residential facility that the child advocate considers relevant and necessary in an investigation.
(b) Assist the child advocate to obtain the necessary releases of those documents that are specifically restricted.
(c) Upon the child advocate's request, provide the child advocate with progress reports concerning the administrative processing of a complaint.
(d) Upon the child advocate's request, provide the child advocate information he or she requests under subdivision (a) within 10 business days after the request. If the department determines that release of the information would violate federal or state law, the child advocate must be notified of that determination within the same 10-day deadline.
(2) The department, an attorney involved with an adoption, a child placing agency, and a residential facility must provide information to a biological parent, legal guardian, prospective adoptive parent, or foster parent regarding the provisions of this act.
(3) The child advocate, the department, and the department of technology, management, and budget must ensure that the child advocate has access, in the child advocate's own office, to departmental computer networks pertaining to protective services, foster care, adoption, juvenile delinquency, the central registry, and juvenile justice services, unless otherwise prohibited by state or federal law, or the release of the information to the child advocate would jeopardize federal funding. The cost of implementing this subsection must be negotiated among the office of the child advocate, the department, and the department of technology, management, and budget.
(4) A residential facility must conspicuously post in an area accessible to residents, employees, and visitors a description of the office of child advocate services and the contact information for the purpose of filing a complaint.
(5) During the course of an investigation conducted by the child advocate, the residential facility must ensure that a resident has anonymity, privacy, and procedures in place to accommodate interviews conducted by the office of child advocate.
History:
1994, Act 204, Eff. Jan. 1, 1995 ;-- Am. 2004, Act 560, Imd. Eff. Jan. 3, 2005 ;-- Am. 2013, Act 38, Imd. Eff. June 4, 2013 ;-- Am. 2023, Act 303, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 204 of 1994 - The Children's Ombudsman Act (722.921 - 722.935) › Section 722.931 - Penalty for Filing Complaint or Cooperating in Investigation Prohibited; Intentional False Complaint.

722.931 Penalty for filing complaint or cooperating in investigation prohibited; intentional false complaint.
Sec. 11.
(1) Subject to subsection (4), an official, the department, a child placing agency, or a residential facility must not penalize any person for filing a complaint or cooperating with the child advocate in investigating a complaint.
(2) An individual, the department, an adoption attorney, a child placing agency, or a residential facility must not hinder the lawful actions of the child advocate or his or her employees.
(3) A report by the child advocate is not subject to prior approval by a person outside of the office.
(4) An individual who intentionally makes a false complaint of child abuse or child neglect under this act is subject to the penalties contained in section 13(5) of the child protection law, MCL 722.633.
History:
1994, Act 204, Eff. Jan. 1, 1995 ;-- Am. 2004, Act 560, Imd. Eff. Jan. 3, 2005 ;-- Am. 2023, Act 303, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 204 of 1994 - The Children's Ombudsman Act (722.921 - 722.935) › Section 722.932 - Authority Granted Under Other Acts or Rules.

722.932 Authority granted under other acts or rules.
Sec. 12.
The authority granted the child advocate under this act is in addition to the authority granted under the provisions of any other act or rule under which the remedy or right of appeal or objection is provided for a person, or any procedure provided for the inquiry into or investigation of any matter. The authority granted the child advocate does not limit or affect the remedy or right of appeal or objection and is not an exclusive remedy or procedure.
History:
1994, Act 204, Eff. Jan. 1, 1995 ;-- Am. 2023, Act 303, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 204 of 1994 - The Children's Ombudsman Act (722.921 - 722.935) › Section 722.933-722.935 - Repealed. 2004, Act 560, Imd. Eff. Jan. 3, 2005.

722.933-722.935 Repealed. 2004, Act 560, Imd. Eff. Jan. 3, 2005.
Compiler's Notes:
The repealed sections pertained to a registry of adoption attorneys and the effective date and conditional effective date of the act.
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 203 of 1994 - Foster Care and Adoption Services Act (722.951 - 722.960) › Section 722.951 - Short Title.

722.951 Short title.
Sec. 1.
This act shall be known and may be cited as the "foster care and adoption services act".
History:
1994, Act 203, Eff. Jan. 1, 1995
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 203 of 1994 - Foster Care and Adoption Services Act (722.951 - 722.960) › Section 722.952 - Definitions.

722.952 Definitions.
Sec. 2.
As used in this act:
(a) "Adoptee" means a child who is to be adopted or who is adopted.
(b) "Adoption attorney" means that term as defined in section 22 of the adoption code, MCL 710.22.
(c) "Adoption code" means the Michigan adoption code, chapter X of the probate code of 1939, 1939 PA 288, MCL 710.21 to 710.70.
(d) "Adoption facilitator" means a child placing agency or an adoption attorney.
(e) "Adoptive parent" means the parent or parents who adopt a child in accordance with the adoption code.
(f) "Agency placement" means that term as defined in section 22 of the adoption code, MCL 710.22.
(g) "Child placing agency" means that term as defined in section 1 of 1973 PA 116, MCL 722.111.
(h) "Department" means the department of health and human services.
(i) "Direct placement" means that term as defined in section 22 of the adoption code, MCL 710.22.
(j) "Foster care" means a child's placement outside the child's parental home by and under the supervision of a child placing agency, the court, or the department. Foster care does not include the delegation of a parent's or guardian's powers regarding care, custody, or property of a child or ward under a properly executed power of attorney under the safe families for children act.
(k) "Preplacement assessment" means an assessment of a prospective adoptive parent as described in section 23f of the adoption code, MCL 710.23f.
(l) "Sibling" means a child who is related through birth or adoption by at least 1 common parent. Sibling includes that term as defined by the American Indian or Alaskan native child's tribal code or custom.
(m) "Supervising agency" means the department if a child is placed in the department's care for foster care, or a child placing agency in whose care a child is placed for foster care.
History:
1994, Act 203, Eff. Jan. 1, 1995 ;-- Am. 1997, Act 172, Eff. Mar. 31, 1998 ;-- Am. 2016, Act 190, Eff. Sept. 19, 2016 ;-- Am. 2018, Act 432, Eff. Mar. 20, 2019