Michigan Laws 712A.14b – Ex parte order authorizing immediate protective custody of child
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Terms Used In Michigan Laws 712A.14b
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Court: means the family division of circuit court. See Michigan Laws 712A.1
- Department: means the department of health and human services. See Michigan Laws 712A.1
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
(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.