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MI SB1533

Bill

Status

Introduced

9/29/2010

Primary Sponsor

Gilda Jacobs

Click for details

Origin

Senate

95th Legislature

AI Summary

  • Amends Michigan's Probate Code Chapter XIIA to clarify that probation officers or county agents cannot serve as referees in abuse/neglect cases involving children unless they are licensed to practice law, with limited exceptions for those serving before January 1, 1988.

  • Establishes new Section 14a allowing law enforcement officers to immediately take a child into protective custody without a court order when there is reasonable cause to believe the child is suffering serious harm or faces imminent risk, and requires immediate notification of the Department of Human Services.

  • Adds new Section 14b authorizing judges or referees to issue ex parte emergency orders allowing the Department of Human Services to take protective custody of a child and place them pending a preliminary hearing upon finding reasonable cause of serious harm or imminent risk and that reasonable efforts were made to prevent removal.

  • Requires that any ex parte protective custody order must state the basis for determining that continuation in the home is contrary to the child's welfare and must be served on parties before the preliminary hearing.

  • Expands definitions in Section 13a to include "attorney," "guardian ad litem," "lawyer-guardian ad litem," and "nonparent adult" to clarify roles and responsibilities in child protective proceedings.

Legislative Description

Children; protection; ex parte emergency removal order allowing the department of human services to take protective custody of a child; allow. Amends secs. 10, 13a & 14, ch. XIIA of 1939 PA 288 (MCL 712A.10 et seq.) & adds secs. 14a & 14b to ch. XIIA.

State agencies (existing), human services

Last Action

Referred To Committee On Families And Human Services

9/29/2010

Committee Referrals

Families & Human Services9/29/2010

Full Bill Text

No bill text available