Michigan Laws 712A.28 – Case records; opening records; order in respect to payments by parent; copy; publicizing action taken against parents or adult; administration of court; reports; form; copies; definitions
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Terms Used In Michigan Laws 712A.28
- Contract: A legal written agreement that becomes binding when signed.
- County juvenile agency: means that term as defined in section 2 of the county juvenile agency act, 1998 PA 518, MCL 45. See Michigan Laws 712A.1
- 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
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- juvenile: means a person who is less than 17 years of age who is the subject of a delinquency petition. See Michigan Laws 712A.1
- Licensed child caring institution: means a child caring institution as defined and licensed under 1973 PA 116, MCL 722. See Michigan Laws 712A.1
- Probate: Proving a will
- 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
(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.