MCL - Index of Act 288 of 1939
NOTE: Dates reflect any modification to item, not necessarily a change in law.
Title | Subject |
---|---|
Act 288 of 1939 |
PROBATE CODE OF 1939 (701.1 - 713.6) ***** 711.1.amended THIS AMENDED SECTION IS EFFECTIVE APRIL 2, 2025 ***** ***** 711.1 THIS SECTION IS AMENDED EFFECTIVE APRIL 2, 2025: See 711.1.amended ***** |
288-1939-I | CHAPTER I PROBATE COURTS (701.1...701.55) |
Section 701.1-701.55 | Repealed. 1952, Act 34, Eff. Sept. 18, 1952;—1970, Act 143, Eff. Jan. 1, 1971;—1978, Act 543, Eff. July 1, 1979;—1978, Act 642, Eff. July 1, 1979. |
288-1939-II | CHAPTER II DECEDENTS' ESTATES (702.1...702.117) |
Section 702.1-702.117 | Repealed. 1978, Act 642, Eff. July 1, 1979. |
288-1939-III | CHAPTER III GUARDIANS AND WARDS (703.1...703.35) |
Section 703.1-703.35 | Repealed. 1949, Act 125, Eff. Sept. 23, 1949;—1978, Act 642, Eff. July 1, 1979. |
288-1939-IV | CHAPTER IV FIDUCIARIES (704.1...704.60) |
Section 704.1-704.60 | Repealed. 1976, Act 262, Imd. Eff. Oct. 1, 1976;—1978, Act 642, Eff. July 1, 1979. |
288-1939-V | CHAPTER V ESTATES OF DISAPPEARED PERSONS (705.1...705.34) |
Section 705.1-705.34 | Repealed. 1978, Act 642, Eff. July 1, 1979. |
288-1939-VI | CHAPTER VI TESTAMENTARY TRUSTEE OR GUARDIAN (706.1...706.6) |
Section 706.1-706.6 | Repealed. 1978, Act 642, Eff. July 1, 1979. |
288-1939-VII | CHAPTER VII COLLECTION OF ASSETS (707.1...707.20) |
Section 707.1-707.20 | Repealed. 1978, Act 642, Eff. July 1, 1979. |
288-1939-VIII | CHAPTER VIII CLAIMS (708.1...708.41) |
Section 708.1-708.41 | Repealed. 1978, Act 642, Eff. July 1, 1979. |
288-1939-IX | CHAPTER IX SALE, MORTGAGE OR LEASE OF PROPERTY (709.1...709.62) |
Section 709.1-709.62 | Repealed. 1978, Act 642, Eff. July 1, 1979. |
288-1939-X | CHAPTER X MICHIGAN ADOPTION CODE (710.1...710.70) |
Section 710.1-710.14 | Repealed. 1974, Act 296, Eff. Jan. 1, 1975. |
Section 710.21 | Short title of act; Michigan adoption code. |
Section 710.21a | General purposes of chapter. |
Section 710.21b | Court order or decree issued in another country; rights and obligations of parties. |
Section 710.22 | Definitions. |
Section 710.22a | Adoption placement or issuance of order prohibited; convictions. |
Section 710.23 | Hearing appeal brought under MCL 400.115k; powers of court. |
Section 710.23a | Direct placement by parent or guardian of child for adoption; temporary placement; formal placement; selection by parent or guardian not delegated; information to be provided by prospective adoptive parent, adoption attorney, or child placing agency; placement of child with stepparent or relative; attendance of child at hearing. |
Section 710.23b | Placement of child by child placing agency or department of social services; written authorization from parent or guardian for temporary placement; assistance; involvement of parent or guardian in selection of adoptive parent; validity of authorization. |
Section 710.23c | Placement of child by court. |
Section 710.23d | Temporary placement; procedures. |
Section 710.23e | Temporary placement; hearing to determine custody; petition; ex parte order to return child to parent or guardian; petition requesting court jurisdiction; temporary disposition; powers of court; act as exclusive remedy. |
Section 710.23f | Preplacement assessment. |
Section 710.23g | Requirement to provide services that conflict with child placing agency's religious beliefs prohibited; adverse action against child placing agency prohibited. |
Section 710.24 | Petition for adoption; filing; jurisdiction; verification; contents; preplacement assessment; omission of certain identifying information. |
Section 710.24a | Interested parties; appointment of guardian to defeat parent's status as interested party. |
Section 710.25 | Proceedings; priority; disposition; adjournment or continuance. |
Section 710.26 | Documentation required; informing adoptee and adoptive parents of MCL 710.27a, 710.27b, 710.68, 710.68a, and 710.68b; applicability of subsection (2); providing adoptee and adoptive parents with list of adoption support groups; applicability of subsection (3). |
Section 710.27 | Nonidentifying information to be provided prospective adoptive parent; time of submission; supplemental information; compilation; maintenance; transmission; destruction of information as misdemeanor; forwarding adoption records; adoptions to which section applicable; exchanging identifying information. |
Section 710.27a | Statement consenting to or denying release of identifying information; statement providing notice that former parent deceased; statement releasing adult former sibling's name and address; presumption of release of certain identifying information. |
Section 710.27b | Central adoption registry; establishment; maintenance; statements to be kept on file; forms; transmission of clearance reply; attachments; transmission of statement releasing former adult sibling's name and address. |
Section 710.28 | Release; persons authorized to execute; release to child placing agency or department; advising parent or guardian of child placing agencies; advising agencies of child's availability for adoption; release of child by agency to department; child as state ward; proof accompanying release. |
Section 710.29 | Release; separate instrument; persons before whom release executed and acknowledged; execution in another state or country; out-of-court release; verified statement; investigation; explaining legal rights to parent or guardian; order terminating rights; order committing child to child placing agency or department; foster care funding; termination of jurisdiction; hearing to consider revocation of release. |
Section 710.31 | Child born out of wedlock; inability to obtain release or consent of natural father; release by mother; petition of dependency or neglect; order authorizing temporary care; delaying formal execution of mother's release. |
Section 710.33 | Notice of intent to claim paternity. |
Section 710.34 | Ex parte petition evidencing intent to release or consent; notice of intent to release or consent; form. |
Section 710.36 | Hearing to determine whether child born out of wedlock and to determine identity and rights of father; filing proof of service of notice of intent or acknowledgment; copy of notice of intent to claim paternity; notice of hearing; contents; filing proof of service of notice of hearing; waiver; evidence of identity; affidavit or verified written declaration; finding; adjournment of proceedings. |
Section 710.37 | Termination of rights of putative father. |
Section 710.39 | Inquiry into fitness of putative father; determining best interests of child; termination of rights of putative father; determination that rights of putative father not be terminated; use of mother or guardian release or consent relinquishing rights to child; order granting custody to putative father and legitimating child; fee; report. |
Section 710.41 | Conditions to placing child in home for purpose of adoption; adoption by foster parent or by petitioner married to parent having legal custody. |
Section 710.43 | Consent to adoption; persons authorized to execute. |
Section 710.44 | Consent to adoption; separate instrument; persons before whom consent executed and acknowledged; execution in another state or country; verified statement; investigation; explaining legal rights of parent or guardian; conditions to execution of adoptee's consent to adoption; out-of-court consent. |
Section 710.45 | Withholding of consent by representative or court; motion by petitioner; decision by court; termination of rights; entering orders; appeal. |
Section 710.46 | Investigation; considerations; report; waiver. |
Section 710.48 | Repealed. 1980, Act 288, Eff. Oct. 17, 1980. |
Section 710.51 | Order terminating rights of parents or person in loco parentis; placement of child with petitioner; extension of time; conditions; child as ward of court; termination of jurisdiction; marriage of petitioner to parent having legal custody; placement without making child ward of court; evidence; order terminating rights of divorced or unmarried parent not having legal custody; conditions; consent to services for child by prospective adoptive parents. |
Section 710.52 | Supervision of child; reports. |
Section 710.54 | Prohibitions as to money or other consideration or thing of value; statement; compensation for certain activities prohibited; payment of charges; documents filed with court; assuring compliance; approval of fees and expenses; violation. |
Section 710.55 | Persons authorized to place child for adoption or advertise for, solicit, or recruit biological or adoptive parents or guardians; violation as misdemeanor; penalty; “advertise for, solicit, or recruit” defined. |
Section 710.55a | Representation by attorney. |
Section 710.56 | Order of adoption; time; waiver; extension of time; hearing; effect of filing petition for rehearing or appeal from order terminating parental rights; conditions; adoption of adult. |
Section 710.56a | Repealed. 2008, Act 331, Eff. Dec. 18, 2008. |
Section 710.58 | Order of adoption; certified copies. |
Section 710.58a | Information to be forwarded by court; “primary adoption facilitator” and “public information form” defined. |
Section 710.59 | Changing name of adopted child; effect on order of adoption and exemplification of record. |
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. |
Section 710.62 | Effect of denying order of adoption. |
Section 710.63 | Denial of petition or motion or failure to issue order; statement by court. |
Section 710.64 | Rehearing; modifying or setting aside order; entering order with respect to original hearing or rehearing of contested matters. |
Section 710.65 | Appeal to court of appeals; staying court order pending appeal; priority. |
Section 710.66 | Adult adoptee; rescinding adoption by stepparent and restoring parental rights of parent; rescission petition; filing new certificate of birth; hearing; certified copies; effect of entry of order of rescission. |
Section 710.67 | Disposition of adoption records; copying or inspecting records; petition; notice and hearing; granting or denying petition; disclosing names of biological or adoptive parents; certified copy of new birth certificate; powers and duties of children's ombudsman. |
Section 710.68 | Nonidentifying and identifying information; request; availability; release; request for adoption record information; identity of court or child placing agency; counseling; list of adoption support groups; transmitting information of medical or genetic condition; return of information undelivered; placement of information in adoption files; releasing or transmitting copies; information returned undelivered; notice to department of community health; sealing original and preparing new birth certificate; release of identifying information as misdemeanor; adoptions to which section applicable; "adult adoptee" defined; fees; waiver; powers and duties of children's ombudsman. |
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. |
Section 710.68b | Definitions; petition to appoint confidential intermediary to search for and contact former family member; approval; training; oath of confidentiality; duties of confidential intermediary; acceptance of money or other value; failure to contact former family member. |
Section 710.69 | Violation of MCL 710.41 as felony. |
Section 710.70 | Prior adoption proceedings or orders of adoption. |
288-1939-XI | CHAPTER XI CHANGE OF NAME OF ADULT OR MINOR (711.1...711.3.amended) |
Section 711.1 | Order changing name of adult, minor, or spouse and minor children. |
Section 711.1.amended | Order changing name of adult, minor, or spouse and minor children. |
Section 711.2 | Fee; certified copy of order. |
Section 711.3 | Publication or availability of record of proceeding; placement of individual in physical danger; violation as misdemeanor; exemption; “stalking” defined. |
Section 711.3.amended | Publication or availability of record of proceeding; violation as misdemeanor; exemption from disclosure; definitions. |
288-1939-XII | CHAPTER XII SAFE DELIVERY OF NEWBORNS (712.1...712.20) |
Section 712.1 | Short title of chapter; definitions. |
Section 712.2 | Newborn surrendered to emergency service provider; court jurisdiction; effect of other provisions of law; immunity from civil action. |
Section 712.2a | Confidentiality. |
Section 712.3 | Conduct of emergency service provider. |
Section 712.5 | Transfer of newborn to hospital; physician report of abuse, neglect, or child not a newborn; notice to child placing agency. |
Section 712.7 | Duties of child placing agency. |
Section 712.10 | Custody action by surrendering or nonsurrendering parent; filing; hearing; determination of paternity or maternity. |
Section 712.11 | Blood or tissue typing or DNA identification profiling; presumption; costs; dismissal of custody petition. |
Section 712.12, 712.13 | Repealed. 2006, Act 488, Eff. Jan. 1, 2007. |
Section 712.14 | Determination of custody; basis; newborn's best interest; factors. |
Section 712.15 | Court order. |
Section 712.17 | Release or termination of parental rights to newborn. |
Section 712.20 | Safe delivery program; establishment. |
288-1939-XIIA | CHAPTER XIIA JURISDICTION, PROCEDURE, AND DISPOSITION INVOLVING MINORS (712A.1...712A.32) |
Section 712A.1 | Definitions; proceedings not as criminal proceedings; construction of chapter. |
Section 712A.2 | Authority and jurisdiction of court. |
Section 712A.2a | Continuing jurisdiction beyond maximum age; voluntary foster care; extended guardianship assistance; jurisdiction over juvenile committing certain violations; juvenile under jurisdiction of department of corrections; definitions. |
Section 712A.2b | Violation of vehicle code or corresponding ordinance; procedure. |
Section 712A.2c | Court order authorizing apprehension of juvenile; contents of order; interference with execution of order; penalty. |
Section 712A.2d | Juvenile to be tried as adult; designation by prosecuting attorney or court; factors; probable cause hearing; setting case for trial; proceedings as criminal proceedings; disposition or imposition of sentence; "specified juvenile violation" defined. |
Section 712A.2e | Waiver of jurisdiction over civil infractions; agreement. |
Section 712A.2f | Jurisdiction over juvenile; placement of case on consent calendar; maintenance in nonpublic manner; conduct of consent calendar conference; issuance of written consent calendar case plan; order of disposition in case while on consent calendar; completion of consent calendar case plan; closure of case; consent calendar not in best interest of juvenile or public; use of statements; report of successful completion; record. |
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. |
Section 712A.3a | Prior order of another court affecting child's welfare; notice, filing, service, disclosure. |
Section 712A.4 | Waiver of jurisdiction when child of 14 or older accused of felony. |
Section 712A.5 | Jurisdiction over juvenile after 19 years of age. |
Section 712A.6 | Jurisdiction; adults. |
Section 712A.6a | Hearing; attendance by parent or guardian required; exception; failure to attend. |
Section 712A.6b | Order affecting nonparent adult. |
Section 712A.7 | Juvenile division of probate court; register of probate; appointment, duties, salary. |
Section 712A.8 | County agent; creation of office; duties; assistants. |
Section 712A.9 | Probation officers; appointment, compensation, duties; notification to social welfare office. |
Section 712A.9a | Probation. |
Section 712A.10 | Designation of probation officer or county agent as referee; duties of referee. |
Section 712A.11 | Preliminary inquiry; petition; effect of juvenile attaining eighteenth birthday; biometric data; amendment of petition or other court record; offer of court services. |
Section 712A.12 | Examination of child; hearing; summons. |
Section 712A.13 | Service of summons. |
Section 712A.13a | Definitions; petition; release of juvenile; order removing abusive person from home; placement of child; foster care; conditions; duty of court to inform parties; criminal record check and central registry clearance; family-like setting; parenting time; siblings; joint placement; visitation or other contact; review and modification of orders and plans; release of information; information included with order; "abuse" defined. |
Section 712A.13b | Change in foster care placement. |
Section 712A.14 | Officers or county agent authorized to take child into custody; notice; jail or detention facility; release of child; preliminary hearing; order; placement of child; foster care home services. |
Section 712A.14a | Immediate removal of child without court order; conditions; placement order pending preliminary hearing; issuance of placement order by designated judge or referee; "officer" defined. |
Section 712A.14b | Ex parte order authorizing immediate protective custody of child. |
Section 712A.15 | Detention of child pending hearing; detention screening tool; release of child; petition; limitation on custody of child pending hearing; detention in secure facility, cell, or other secure area designed to incarcerate adults; exception. |
Section 712A.16 | Detention and care of juvenile. |
Section 712A.16a | Repealed. 1963, Act 214, Imd. Eff. May 17, 1963. |
Section 712A.17 | Hearing; informality; adjournment; transcript; jury; giving security for appearance of juvenile; appearance by prosecuting attorney; legal consultant or legal representation; admitting foster care review board member to hearing; closing hearing to members of general public; “juvenile witness” defined. |
Section 712A.17a | Hearing; record; transcription. |
Section 712A.17b | Definitions; proceedings to which section applicable; use of dolls or mannequins; support person; notice; videorecorded statement; shielding of witness; videorecorded deposition; special arrangements to protect welfare of witness; section additional to other protections or procedures; violation as misdemeanor; penalty. |
Section 712A.17c | Advising child or respondent of right to attorney; appointment of attorney; waiver; appointment of lawyer-guardian ad litem; costs; service until discharged by court; assistance to court. |
Section 712A.17d | Lawyer-guardian ad litem; powers and duties. |
Section 712A.18 | Orders of disposition; reimbursement; guidelines; restitution; condition of probation; revocation or alteration of terms and conditions; community service; biometric data; fingerprints; risk and needs assessment; report to department of state police; registration of juvenile provided in MCL 28.721 to 28.730; release from placement in juvenile boot camp; imposition of sentence in county jail facility; violation of personal protection order. |
Section 712A.18a | Placement or commitment of ward of the court to out-of-state institutions. |
Section 712A.18b | Reimbursement order; failure to comply, contempt of court; assignment of wages. |
Section 712A.18c | Retention of jurisdiction of child committed under MCL 712A.18(1)(e); effective date of subsection (2); annual review; release of child. |
Section 712A.18d | Juvenile committed under MCL 712A.18(1)(e); review hearing; burden of proof; determination; notice; legal counsel; costs; commitment reports; section nonapplicable to juvenile convicted of crime under chapter. |
Section 712A.18e | Application for entry of order setting aside adjudication; filing; contents; hearing; submitting copy of application and fingerprints; report; serving copy of application on attorney general and prosecuting attorney; contesting application; notice to victim; definitions; hearing; affidavits; proofs; entry of order; setting aside adjudication as privilege and conditional; effect of entering order; sending copy of order to arresting agency and department of state police; nonpublic record of order and record; availability of nonpublic record; fee; exemption from disclosure; divulging, using, or publishing information as misdemeanor. |
Section 712A.18f | Report; preparation and contents of case service plan; order of disposition; updating and revising case service plan; rules; review by child's physician in case of abuse and neglect; testimony. |
Section 712A.18g | Commitment under MCL 712A.18(1)(e). |
Section 712A.18h | Commitment to department of corrections prohibited; exception. |
Section 712A.18i | Delay in sentencing. |
Section 712A.18j | Escape by juvenile from facility or residence; notification; “escape” defined. |
Section 712A.18k | DNA identification profiling; providing samples for chemical testing; assessment; forwarding to department of state police; definitions. |
Section 712A.18<Emph EmphType="italic">l</Emph> | Evaluation of juvenile for psychiatric or psychological treatment; court order. |
Section 712A.18m | Repealed. 2023, Act 301, Eff. Oct. 1, 2024. |
Section 712A.18n | Competency of juvenile; presumption; order to determine competency during proceeding; record. |
Section 712A.18o | Competency evaluation; conduct by qualified forensic mental health examiner; expert witness; additional evaluations at party's expense; conduct in least restrictive environment. |
Section 712A.18p | Providing information relating to competency; submission of report by qualified forensic mental health examiner; extension; copies of report to be provided to certain individuals. |
Section 712A.18q | Competency hearing. |
Section 712A.18r | Competency evaluations; self-incrimination; evidence or statements inadmissible in proceeding determining responsibility; sealing reports; order to open reports; purposes; confidentiality; disclosure. |
Section 712A.18s | Court finding that juvenile may be restored to competency in foreseeable future; restoration order; renewal; report that substantial probability that juvenile will remain incompetent; actions of court; order to provide treatment; report from entity providing services; duties of court; record. |
Section 712A.18t | Automatic expungements; exceptions; notification; nonpublic record; disclosure; violation; misdemeanor; implementation. |
Section 712A.19 | Termination of cause; supplemental order of disposition; review hearing; notice of review hearing; factors to be reviewed; modification of case service plan; determination as to placement; order; determination as to review; issuance of order without hearing; agency report and other information as evidence; access; concurrent efforts to reunify child with family. |
Section 712A.19a | Permanency planning hearing; conditions; time limitation; reunion of child and family not required; purpose; obtaining child's views regarding permanency plan; consideration of out-of-state placement; notice; statement; return of child to parent; noncompliance with case service plan; other conditions as evidence; termination of parental rights to child; exceptions; alternative placement plans; powers and appointment of guardian; information considered as evidence; revocation or termination of guardianship. |
Section 712A.19b | Termination of parental rights to child; petition; hearing; record; findings; opinion or order; notice of hearing; suspension of parenting time; grounds for termination; "concerned person" defined. |
Section 712A.19c | Review hearing of child's placement after termination of parental rights; appointment of guardian; applicability of section. |
Section 712A.20 | Temporary or permanent custody. |
Section 712A.21 | Petition for rehearing; affirming, modifying, or setting aside order; conduct of rehearing; order for supplemental disposition; applicability of section to criminal proceeding; “interested person” construed. |
Section 712A.22 | Annual report. |
Section 712A.23 | Use of evidence against juvenile. |
Section 712A.24 | Placement in institutions; summary of information; conveyance of child; progress report. |
Section 712A.25 | Payment of expenses. |
Section 712A.26 | Contempt of court; punishment. |
Section 712A.27 | Quarters, equipment and supplies for use of juvenile division. |
Section 712A.28 | Case records; opening records; order in respect to payments by parent; copy; publicizing action taken against parents or adult; administration of court; reports; form; definitions. |
Section 712A.29 | Allocation and application of money collected; "crime victim payment" defined. |
Section 712A.29a | Reimbursement or collection of fines, fees, and costs; prohibition. |
Section 712A.30 | “Offense” and “victim” defined; order of restitution. |
Section 712A.31 | Determining amount of restitution; factors in disposition report; disclosure of matters described in subsection (1); burden of demonstrating amount or type of restitution. |
Section 712A.32 | Order to appear for identification; notice of right to attorney; appointment of attorney. |
288-1939-XIIB | CHAPTER XIIB (712B.1...712B.41) |
Section 712B.1 | Chapter; short title. |
Section 712B.3 | Definitions. |
Section 712B.5 | Best interests of child; duties of courts. |
Section 712B.7 | Jurisdiction; exclusive; emergency; transfer; good cause determination; right to intervene or participate in proceeding; full faith and credit to public acts, records, and judicial proceedings. |
Section 712B.9 | Child custody proceeding; notification to parent, Indian custodian, and tribe; additional preparation days; suspension of proceedings; prejudice by lack of notice; determination as to which tribe child is member; circumstances leading to belief child is an Indian; determining, documenting, and contacting extended family; determination or testimony by authorized person; documentation of efforts. |
Section 712B.11 | Examination of reports or documents by parties. |
Section 712B.13 | Guardianship; adoptive placement; termination of parental rights; consent. |
Section 712B.15 | Failure of parent to provide consent; requirements; removal of child from parent or Indian custodian; clear and convincing evidence; termination of parental rights; remedial services and rehabilitative programs; determination that continued custody likely to result in serious emotional or physical damage. |
Section 712B.17 | Qualified expert witness. |
Section 712B.19 | Improper removal of child from custody. |
Section 712B.21 | Appointment of counsel. |
Section 712B.23 | Placement; least restrictive setting; order of preference; documentation. |
Section 712B.25 | Involuntary guardianship; investigation; report; notice of pending proceeding; consent; withdrawal; termination of voluntary guardianship; potential applicability of Indian child welfare act. |
Section 712B.27 | Voluntary placement consent; visitation; notice of pending proceeding; providing certain information to Indian individual reaching age of 18; withdrawal of consent by parent; petition for return of custody. |
Section 712B.29 | Child taken into custody under section 14 of chapter XIIA; termination of subsequent placement; condition; initiation of child custody proceeding; duties of court. |
Section 712B.31 | Agreements. |
Section 712B.33 | Department review of cases; monitoring; standards and procedures. |
Section 712B.35 | Providing secretary and tribal enrollment officer with copy of court decree or order; other information. |
Section 712B.37 | Census. |
Section 712B.39 | Invalidation of actions; petition. |
Section 712B.41 | Severability. |
288-1939-XIII | CHAPTER XIII MISCELLANEOUS AND REPEALS (713.1...713.6) |
Section 713.1-713.6 | Repealed. 1978, Act 642, Eff. July 1, 1979. |