Sec. 14b.
(1) Upon receipt electronically or otherwise of a petition or affidavit of facts, a judge or referee may issue a written ex parte order, electronically or otherwise, authorizing the department of human services to immediately take a child into protective custody and place the child pending the preliminary hearing if the court finds all of the following:
(a) There is reasonable cause to believe that the child is at substantial risk of harm or is in surroundings that present an imminent risk of harm and the child's immediate removal from those surroundings is necessary to protect the child's health and safety.
(b) The circumstances warrant issuing an ex parte order pending the preliminary hearing.
(c) Consistent with the circumstances, reasonable efforts were made to prevent or eliminate the need for removal of the child.
(d) No remedy other than protective custody is reasonably available to protect the child.
(e) Continuing to reside in the home is contrary to the child's welfare.
(2) The ex parte order shall be supported by written findings of fact.
History: Add. 2012, Act 163, Imd. Eff. June 12, 2012 Popular Name: Probate CodePopular Name: Juvenile Code
Structure Michigan Compiled Laws
Chapters 701 - 713 - Probate Code
Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6)
Section 712A.1 - Definitions; Proceedings Not as Criminal Proceedings; Construction of Chapter.
Section 712A.2 - Authority and Jurisdiction of Court.
Section 712A.2b - Violation of Vehicle Code or Corresponding Ordinance; Procedure.
Section 712A.2e - Waiver of Jurisdiction Over Civil Infractions; Agreement.
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.8 - County Agent; Creation of Office; Duties; Assistants.
Section 712A.10 - Designation of Probation Officer or County Agent as Referee; Duties of Referee.
Section 712A.12 - Examination of Child; Hearing; Summons.
Section 712A.13 - Service of Summons.
Section 712A.13b - Change in Foster Care Placement.
Section 712A.14b - Ex Parte Order Authorizing Immediate Protective Custody of Child.
Section 712A.16 - Detention and Care of Juvenile.
Section 712A.16a - Repealed. 1963, Act 214, Imd. Eff. May 17, 1963.
Section 712A.17a - Hearing; Record; Transcription.
Section 712A.17d - Lawyer-Guardian Ad Litem; Powers and Duties.
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.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.18l - Evaluation of Juvenile for Psychiatric or Psychological Treatment; Court Order.
Section 712A.18m - Payment of Costs; Minimum Amounts; Disposition; Definitions.
Section 712A.18q - Competency Hearing.
Section 712A.20 - Temporary or Permanent Custody.
Section 712A.22 - Annual Report.
Section 712A.23 - Use of Evidence Against Juvenile.
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.29 - Allocation and Application of Money Collected; “Victim Payment” Defined.
Section 712A.30 - “Offense” and “Victim” Defined; Order of Restitution.