Michigan Compiled Laws
288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70)
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.

Sec. 23e.
(1) Not later than 14 days after the filing of a petition by the prosecutor as required by section 23d(4) of this chapter, by a prospective adoptive parent as permitted in section 23d(6) of this chapter, or by a child placing agency as required by section 23d(7) of this chapter, the court shall hold a hearing to determine the custody of a child for whom a temporary placement has been made.
(2) Upon receiving a petition filed under section 23d(5) of this chapter, the court shall immediately issue an ex parte order directing the prospective adoptive parent to return the child to the parent or guardian with legal custody within 24 hours after receipt of the order, unless the court proceeds under subsection (3).
(3) The court may appoint an attorney to represent the child or refer the matter to the department. The attorney or the department may file a petition on the child's behalf requesting the court to take jurisdiction under section 2(b) of chapter XIIA. If that petition has not been filed within 14 days after the court appoints an attorney or refers the matter to the department under this section, the court shall order the return of the child to the parent or guardian with legal custody. During the period before the petition for jurisdiction under section 2(b) of chapter XIIA is filed and a preliminary hearing is held or the return of custody is ordered, the court shall remove the child from the home of the prospective adoptive parent and make a temporary disposition appropriate for the welfare of the child as authorized by section 18 of chapter XIIA.
(4) Subject to subsection (2), the court may appoint a guardian under the estates and protected individuals code, 1998 PA 386, MCL 700.1101 to 700.8102, in response to a petition filed by the prospective adoptive parent or another individual interested in the child's welfare, and make a temporary disposition appropriate for the child's welfare as authorized by section 18 of chapter XIIA until an order of guardianship is entered.
(5) The court may order the return of a child to a child placing agency that has obtained legal custody of the child.
(6) The court may appoint a guardian ad litem for the child or for a minor parent of the child.
(7) This act provides the exclusive remedy for all custody disputes arising out of a temporary placement.
History: Add. 1994, Act 222, Eff. Jan. 1, 1995 ;-- Am. 1994, Act 373, Eff. Jan. 1, 1995 ;-- Am. 2000, Act 55, Eff. Apr. 1, 2000 Popular Name: Probate Code

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapters 701 - 713 - Probate Code

Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6)

288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70)

Section 710.1-710.14 - 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 Chi...

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; Valid...

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; Appli...

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; Adop...

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 Identifyin...

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 Depar...

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...

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; Con...

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 Reli...

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 E...

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 Cus...

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; Violati...

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 Dutie...

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...

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...

Section 710.69 - Violation of MCL 710.41 as Felony.

Section 710.70 - Prior Adoption Proceedings or Orders of Adoption.