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Section 701.1-701.55 Repealed. 1952, Act 34, Eff.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Section 702.1-702.117 Repealed. 1978, Act 642, Eff.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Section 703.1-703.35 Repealed. 1949, Act 125, Eff.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Section 704.1-704.60 Repealed. 1976, Act 262, Imd.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Section 705.1-705.34 Repealed. 1978, Act 642, Eff.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Section 706.1-706.6 Repealed. 1978, Act 642, Eff.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Section 707.1-707.20 Repealed. 1978, Act 642, Eff.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Section 708.1-708.41 Repealed. 1978, Act 642, Eff.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Section 709.1-709.62 Repealed. 1978, Act 642, Eff.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Section 710.1-710.14 Repealed. 1974, Act 296, Eff.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.