Michigan Laws 712.7 – Duties of child placing agency
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 712.7
- Child placing agency: means that term as defined in section 1 of 1973 PA 116, MCL 722. See Michigan Laws 712.1
- Court: means the family division of circuit court. See Michigan Laws 712.1
- Emergency service provider: means a uniformed or otherwise identified employee or contractor of a fire department, hospital, or police station when that individual is inside the premises and on duty. See Michigan Laws 712.1
- Hospital: means a hospital that is licensed under article 17 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 712.1
- Newborn: means a child who a physician reasonably believes to be not more than 72 hours old. See Michigan Laws 712.1
- Preplacement assessment: means an assessment of a prospective adoptive parent as described in section 23f of chapter X. See Michigan Laws 712.1
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Surrender: means to leave a newborn with an emergency service provider without expressing an intent to return for the newborn. See Michigan Laws 712.1
Upon receipt of notice from a hospital under section 5 of this chapter, the child placing agency shall do all of the following:
(a) Immediately assume the care, control, and temporary protective custody of the newborn.
(b) If a parent is known and willing, immediately meet with the parent.
(c) Unless otherwise provided in this subdivision, make a temporary placement of the newborn with a prospective adoptive parent who has an approved preplacement assessment. If a petition for custody is filed under section 10 of this chapter, the child placing agency may make a temporary placement of the newborn with a licensed foster parent.
(d) Unless the birth was witnessed by the emergency service provider, immediately request assistance from law enforcement officials to investigate and determine, through the missing children information clearinghouse, the national center for missing and exploited children, and any other national and state resources, whether the newborn is a missing child.
(e) Not later than 48 hours after a transfer of physical custody to a prospective adoptive parent, petition the court in the county in which the prospective adoptive parent resides to provide authority to place the newborn and provide care for the newborn. The petition shall include all of the following:
(i) The date of the transfer of physical custody.
(ii) The name and address of the emergency service provider to whom the newborn was surrendered.
(iii) Any information, either written or verbal, that was provided by and to the parent who surrendered the newborn. The emergency service provider that originally accepted the newborn as required by section 3 of this chapter shall provide this information to the child placing agency.
(f) Within 28 days, make reasonable efforts to identify, locate, and provide notice of the surrender of the newborn to the nonsurrendering parent. The child placing agency shall file a written report with the court that issued the order placing the child. The report shall state the efforts the child placing agency made in attempting to identify and locate the nonsurrendering parent and the results of those efforts. If the identity and address of the nonsurrendering parent are unknown, the child placing agency shall provide notice of the surrender of the newborn by publication in a newspaper of general circulation in the county where the newborn was surrendered.