Sec. 28.
(1) Before June 1, 1988, the court shall maintain records of all cases brought before it and as provided in the juvenile diversion act. The records are open only by court order to persons having a legitimate interest, except that diversion records are open only as provided in the juvenile diversion act.
(2) Beginning June 1, 1988, the court shall maintain records of all cases brought before it and as provided in the juvenile diversion act. Except as otherwise provided in this subsection, until December 31, 2020, records of a case brought before the court are open to the general public. Diversion records are open only as provided in the juvenile diversion act. Except as otherwise provided in section 49 of the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.799, if the hearing of a case brought before the court is closed under section 17 of this chapter, the records of that hearing are open only by court order to persons having a legitimate interest.
(3) Beginning January 1, 2021, except as otherwise provided, records of a case brought before the court are not open to the general public and are open only to persons having a legitimate interest. Diversion records are open only as provided in the juvenile diversion act. Except as otherwise provided in section 49 of the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.799, if the hearing of a case brought before the court is closed under section 17 of this chapter, the records of that hearing are open only by court order to persons having a legitimate interest.
(4) If the court issues an order in respect to payments by a parent under section 18(2) of this chapter, a copy must be mailed to the department of treasury. Action taken against parents or adults must not be released for publicity unless the parents or adults are found guilty of contempt of court. The court shall furnish the department and a county juvenile agency with reports of the administration of the court in a form recommended by the Michigan Probate Judges Association. Copies of these reports must, upon request, be made available to other state departments by the department.
(5) As used in this section:
(a) "Child placing agency" means that term as defined in section 1 of 1973 PA 116, MCL 722.111.
(b) "Indian child" and "Indian child's tribe" mean those terms as defined in section 3 of the Michigan Indian family preservation act, chapter XIIB of the probate code of 1939, 1939 PA 288, MCL 712B.3.
(c) "Juvenile diversion act" means the juvenile diversion act, 1988 PA 13, MCL 722.821 to 722.831.
(d) "Persons having a legitimate interest" includes, but is not limited to, the juvenile, the juvenile's parent, the juvenile's guardian or legal custodian, the juvenile's guardian ad litem, counsel for the juvenile, the department or a licensed child caring institution or child placing agency under contract with the department to provide for the juvenile's care and supervision if related to an investigation of child neglect or child abuse, law enforcement personnel, a prosecutor, a member of a local foster care review board established under 1984 PA 422, MCL 722.131 to 722.139a, the Indian child's tribe if the juvenile is an Indian child, and a court of this state.
History: Add. 1944, 1st Ex. Sess., Act 54, Imd. Eff. Mar. 6, 1944 ;-- CL 1948, 712A.28 ;-- Am. 1959, Act 184, Eff. Mar. 19, 1960 ;-- Am. 1980, Act 499, Imd. Eff. Jan. 21, 1981 ;-- Am. 1982, Act 330, Imd. Eff. Dec. 14, 1982 ;-- Am. 1984, Act 420, Imd. Eff. Dec. 28, 1984 ;-- Am. 1986, Act 170, Imd. Eff. July 7, 1986 ;-- Am. 1988, Act 18, Eff. Apr. 1, 1988 ;-- Am. 1988, Act 91, Eff. Apr. 1, 1988 ;-- Am. 1989, Act 73, Imd. Eff. June 16, 1989 ;-- Am. 1996, Act 409, Eff. Jan. 1, 1998 ;-- Am. 1998, Act 478, Eff. Jan. 12, 1999 ;-- Am. 2020, Act 362, Eff. Mar. 24, 2021 Former Law: See section 13 of Ch. XII of Act 288 of 1939; and CL 1929, § 12836.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.