Michigan Laws > Chapter 117 > Act 279 of 1909 – The Home Rule City Act
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Terms Used In Michigan Laws > Chapter 117 > Act 279 of 1909 - The Home Rule City Act
- Abduction: means the wrongful removal or wrongful retention of a child. See Michigan Laws 722.1522
- Abortion: means the intentional use of an instrument, drug, or other substance or device to terminate a woman's pregnancy for a purpose other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus. See Michigan Laws 722.902
- Acknowledged father: means a man who has affirmatively held himself out to be the child's father by executing an acknowledgment of parentage under the acknowledgment of parentage act, 1996 PA 305, MCL 722. See Michigan Laws 722.1433
- Acknowledgment: means an acknowledgment of parentage executed as provided in this act. See Michigan Laws 722.1002
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Adjudicated delinquent: means an individual found to have committed an offense that, if committed by an adult, would be a criminal offense. See Michigan Laws 722.981
- Administrative act: includes an action, omission, decision, recommendation, practice, or other procedure of the department, an adoption attorney, or a child placing agency with respect to a particular child related to adoption, foster care, or protective services. See Michigan Laws 722.922
- Adoptee: means a child who is to be adopted or who is adopted. See Michigan Laws 722.952
- Adoption attorney: means that term as defined in section 22 of the adoption code, MCL 710. See Michigan Laws 722.922
- Adoption attorney: means that term as defined in section 22 of the adoption code, MCL 710. See Michigan Laws 722.952
- Adoption code: means the Michigan adoption code, chapter X of the probate code of 1939, 1939 PA 288, MCL 710. See Michigan Laws 722.922
- Adoption code: means the Michigan adoption code, chapter X of the probate code of 1939, 1939 PA 288, MCL 710. See Michigan Laws 722.952
- Adoption facilitator: means a child placing agency or an adoption attorney. See Michigan Laws 722.952
- Adoptive parent: means the parent or parents who adopt a child in accordance with the adoption code. See Michigan Laws 722.952
- Adult foster care location authorized to care for a child: means an adult foster care family home or adult foster care small group home as defined in section 3 of the adult foster care facility licensing act, 1979 PA 218, MCL 400. See Michigan Laws 722.622
- Adverse resource impact: means any of the following:
(i) Until February 1, 2009, decreasing the flow of a river or stream by part of the index flow such that the river's or stream's ability to support characteristic fish populations is functionally impaired. See Michigan Laws 324.32701Affiliated father: means a man who has been determined in a court to be the child's father. See Michigan Laws 722.1433 Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court. Agricultural purpose: means the agricultural production of plants and animals useful to human beings and includes, but is not limited to, forages and sod crops, grains and feed crops, field crops, dairy animals and dairy products, poultry and poultry products, cervidae, livestock, including breeding and grazing, equine, fish and other aquacultural products, bees and bee products, berries, herbs, fruits, vegetables, flowers, seeds, grasses, nursery stock, trees and tree products, mushrooms, and other similar products, or any other product, as determined by the commission of agriculture, that incorporates the use of food, feed, fiber, or fur. See Michigan Laws 324.32701 Agricultural use: means property that is substantially devoted to the production of plants and animals useful to people, including forages and sod crops; grains and feed crops; dairy and dairy products; poultry; livestock, including breeding and grazing; fish; timber; fruits; vegetables; flowers; Christmas trees; plants or trees grown in an agricultural nursery; and other similar uses and activities. See Michigan Laws 205.221 Air: means ambient or indoor air at the point of exposure. See Michigan Laws 324.21302 Allegation: something that someone says happened. Alleged father: means a man who by his actions could have fathered the child. See Michigan Laws 722.1433 Alleged father: means a man who by his actions could have fathered the child. See Michigan Laws 722.1463 Alleged father: means a man who is alleged to have fathered the child who is the subject of an action to establish the father's paternity under this act. See Michigan Laws 722.1492 Alternative nicotine product: means a noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means. See Michigan Laws 722.644 Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal. Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty. Arrest: Taking physical custody of a person by lawful authority. Assessment tool: means the water withdrawal assessment tool provided for in section 32706a. See Michigan Laws 324.32701 Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Attorney: means , if appointed to represent a child under the provisions referenced in section 10, an attorney serving as the child's legal advocate in the manner defined and described in section 13a of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A. See Michigan Laws 722.622 Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court. ATV: means a vehicle with 3 or more wheels that is designed for off-road use, has low-pressure tires, has a seat designed to be straddled by the rider, and is powered by a 50cc to 1,000cc gasoline engine or an engine of comparable size using other fuels. See Michigan Laws 324.81101 Authorizing body: means the governing board of a state public university that issues a contract as provided in this part. See Michigan Laws 380.521 Authorizing body: means any of the following that issues a contract as provided in this part:
(i) The board of a school district. See Michigan Laws 380.551Automatic notification system: means a system that stores and retains fingerprints and that provides for an automatic notification to a participant when a fingerprint is submitted into the system that matches an individual whose fingerprints are retained in the system or when the criminal history of an individual whose fingerprints are retained in the system is updated. See Michigan Laws 722.1553 Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed. Bailiff: a court officer who enforces the rules of behavior in courtrooms. Balanced budget: A budget in which receipts equal outlays. Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC Bequeath: To gift property by will. Bequest: Property gifted by will. Blind: means a person who has a visual acuity of 20/200 or less in the better eye with correction, or has limitation of his or her field of vision such that the widest diameter of the visual field subtends an angular distance not greater than 20 degrees. See Michigan Laws 752.51a Board: means the domestic violence prevention and treatment board created in section 2 of 1978 PA 389, MCL 400. See Michigan Laws 722.1042 Cane: means an aid used by a blind pedestrian for travel and identification purposes that is white in color with or without a red tip. See Michigan Laws 752.51a Capillary fringe: means the portion of the aquifer above an unconfined saturated zone in which groundwater is drawn upward by capillary force and can include the presence of LNAPL. See Michigan Laws 324.21302 Central registry: means a repository of names of individuals who are identified as perpetrators related to a central registry case in the department's statewide electronic case management system. See Michigan Laws 722.622 Central registry: means that term as defined in section 2 of the child protection law, MCL 722. See Michigan Laws 722.922 Central registry case: means the department confirmed that a person responsible for the child's health or welfare committed serious abuse or neglect, sexual abuse, or sexual exploitation of a child, or allowed a child to be exposed to or have contact with methamphetamine production. See Michigan Laws 722.622 Centralized intake: means the department's statewide centralized processing center for reports of suspected child abuse and child neglect. See Michigan Laws 722.622 Certificated teacher: means an individual who holds a valid teaching certificate issued by the superintendent of public instruction under section 1531. See Michigan Laws 380.551 Characteristic fish curve: means a fish functional response curve that describes the abundance of characteristic fish populations in response to reductions in index flow as published in the document entitled "Report to the Michigan Legislature in response to 2006 Public Act 34" by the former groundwater conservation advisory council dated July 2007, which is incorporated by reference. See Michigan Laws 324.32701 chemical agent: means any substance containing a toxic chemical or organic solvent or both, having the property of releasing toxic vapors. See Michigan Laws 752.271 Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority. Child: means a child conceived and born to a woman who was not married at the time of conception or the date of birth of the child, or a child that the circuit court determines was born or conceived during a marriage but is not the issue of that marriage. See Michigan Laws 722.1002 Child: means an individual less than 18 years old. See Michigan Laws 722.1052 Child: means an unemancipated individual who is less than 18 years of age. See Michigan Laws 722.1522 Child: means a person under 18 years of age. See Michigan Laws 722.602 Child: means an individual under 18 years of age. See Michigan Laws 722.622 Child: means a child born out of wedlock. See Michigan Laws 722.711 Child: means any person under 17 years of age. See Michigan Laws 722.772 Child: means a person less than 18 years of age. See Michigan Laws 722.872 Child: means an individual under the age of 18. See Michigan Laws 722.922 Child abuse: means harm or threatened harm to a child's health or welfare by a person responsible for the child's health or welfare, which harm occurs or is threatened through nonaccidental physical or mental injury; sexual abuse, which includes a violation of section 145c of the Michigan penal code, 1931 PA 328, MCL 750. See Michigan Laws 722.602 Child abuse: means harm or threatened harm to a child's health or welfare that occurs through nonaccidental physical or mental injury, sexual abuse, sexual exploitation, or maltreatment, by a parent, a legal guardian, any other person responsible for the child's health or welfare, a teacher, a teacher's aide, a member of the clergy, or an individual 18 years of age or older who is involved with a youth program. See Michigan Laws 722.622 Child born out of wedlock: means a child conceived and born to a woman who was not married from the conception to the date of birth of the child, or a child that the court has determined to be a child born or conceived during a marriage but not the issue of that marriage. See Michigan Laws 722.1492 Child born out of wedlock: means a child begotten and born to a woman who was not married from the conception to the date of birth of the child, or a child that the court has determined to be a child born or conceived during a marriage but not the issue of that marriage. See Michigan Laws 722.711 Child care center: means a facility, other than a private residence, receiving 1 or more children under 13 years of age for care for periods of less than 24 hours a day, where the parents or guardians are not immediately available to the child. See Michigan Laws 722.111 Child care facility: means a child care center, child care organization, or child caring institution as defined in section 1 of 1973 PA 116, MCL 722. See Michigan Laws 722.1052 Child care organization: means a governmental or nongovernmental organization having as its principal function receiving minor children for care, maintenance, training, and supervision, notwithstanding that educational instruction may be given. See Michigan Laws 722.111 Child care organization: means a child caring institution or a child placing agency as defined in section 1 of Act No. See Michigan Laws 722.131 Child care organization: means that term as defined in section 1 of 1973 PA 116, MCL 722. See Michigan Laws 722.622 Child care provider: means an owner, operator, employee, or volunteer of a child care organization or of an adult foster care location authorized to care for a child. See Michigan Laws 722.622 Child care regulatory agency: means the department of licensing and regulatory affairs, the department's division of child welfare licensing, or a successor state department that is responsible for the licensing or registration of child care organizations or the licensing of adult foster care locations authorized to care for a child. See Michigan Laws 722.622 Child care staff member: means an individual who is 16 years of age or older to whom 1 or more of the following apply:
(i) The individual is employed by a child care center, group child care home, or family child care home for compensation, including a contract employee or a self-employed individual. See Michigan Laws 722.111Child caring institution: means a child care facility that is organized for the purpose of receiving minor children for care, maintenance, and supervision, usually on a 24-hour basis, in buildings maintained by the child caring institution for that purpose, and operates throughout the year. See Michigan Laws 722.111 Child caring institution: means that term as defined in section 1 of 1973 PA 116, MCL 722. See Michigan Laws 722.922 Child caring institution staff member: means an individual who is 18 years of age or older to whom 1 or more of the following apply:
(i) The individual is employed by a child caring institution for compensation, including an adult who does not work directly with children. See Michigan Laws 722.111Child neglect: means harm or threatened harm to a child's health or welfare by a parent, legal guardian, or any other person responsible for the child's health or welfare that occurs through either of the following:
(i) Negligent treatment, including the failure to provide adequate food, clothing, shelter, or medical care, though financially able to do so, or by the failure to seek financial or other reasonable means to provide adequate food, clothing, shelter, or medical care. See Michigan Laws 722.622Child or youth with special health care needs: means a single or married individual under 21 years of age whose activity is or may become so restricted by disease or specified medical condition as to reduce the individual's normal capacity for education and self-support. See Michigan Laws 722.772 Child placing agency: means that term as defined in section 1 of 1973 PA 116, MCL 722. See Michigan Laws 722.1553 Child placing agency: means a governmental organization or an agency organized under the nonprofit corporation act, 1982 PA 162, MCL 450. See Michigan Laws 722.111 Child placing agency: means an organization licensed or approved by the department to receive children for placement in private family homes for foster care or adoption and to provide services related to adoption. See Michigan Laws 722.922 Child placing agency: means that term as defined in section 1 of 1973 PA 116, MCL 722. See Michigan Laws 722.952 Child placing agency: means that term as defined in section 1 of 1973 PA 116, MCL 722. See Michigan Laws 722.981 Child protection law: means the child protection law, 1975 PA 238, MCL 722. See Michigan Laws 722.922 Child-custody determination: means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. See Michigan Laws 722.1522 Child-custody proceeding: means a proceeding in which legal custody, physical custody, or visitation with respect to a child is at issue. See Michigan Laws 722.1522 Citizen review panel: means a panel established as required by section 5106a of the child abuse prevention and treatment act, 42 USC 5106a. See Michigan Laws 722.622 Closed session: means that term as defined in section 2 of the open meetings act, 1976 PA 267, MCL 15. See Michigan Laws 722.922 Code: means the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.81101 Cold river system: means a stream or small river that has the appropriate summer water temperature that, based on statewide averages, sustains a fish community composed predominantly of cold-water fish species, and where small increases in water temperature will not cause a decline in these populations, as determined by a scientific methodology adopted by order of the commission. See Michigan Laws 324.32701 Cold-transitional river system: means a stream or river that has the appropriate summer water temperature that, based on statewide averages, sustains a fish community composed predominantly of cold-water fish species, and where small increases in water temperature will cause a decline in the proportion of cold-water species, as determined by a scientific methodology adopted by order of the commission. See Michigan Laws 324.32701 Commercial user: means a person who deals in children's products or who holds himself or herself out as having knowledge or skill relating to children's products, or a person who is in the business of remanufacturing, retrofitting, selling, leasing, subletting, or otherwise placing in the stream of commerce children's products. See Michigan Laws 722.1052 Community college: means a community college organized under the community college act of 1966, 1966 PA 331, MCL 389. See Michigan Laws 380.551 Community supply: means that term as it is defined in section 2 of the safe drinking water act, 1976 PA 399, MCL 325. See Michigan Laws 324.32701 Compact: means the Great Lakes-St. See Michigan Laws 324.32701 Compensation: means a payment of money, objects, services, or anything else having monetary value except payment of expenses incurred as a result of the pregnancy and the actual medical expenses of a surrogate mother or surrogate carrier. See Michigan Laws 722.853 Complainant: means an individual who makes a complaint as provided in section 5. See Michigan Laws 722.922 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Confirmed case: means the department has determined, by a preponderance of evidence, that child abuse or child neglect occurred by a person responsible for the child's health, welfare, or care. See Michigan Laws 722.622 Confirmed case of methamphetamine production: means a confirmed case that involved a child's exposure or contact with methamphetamine production. See Michigan Laws 722.622 Confirmed serious abuse or neglect: means a confirmed case of mental injury or physical injury or neglect to a child that involves any of the following:
(i) Battering, torture, or other serious physical harm. See Michigan Laws 722.622Confirmed sexual abuse: means a confirmed case that involves sexual penetration, sexual contact, attempted sexual penetration, or assault with intent to penetrate as those terms are defined in section 520a of the Michigan penal code, 1931 PA 328, MCL 750. See Michigan Laws 722.622 Confirmed sexual exploitation: means a confirmed case that involves allowing, permitting, or encouraging a child to engage in prostitution, or allowing, permitting, encouraging, or engaging in the photographing, filming, or depicting of a child engaged in a listed sexual act as that term is defined in section 145c of the Michigan penal code, 1931 PA 328, MCL 750. See Michigan Laws 722.622 Consumptive use: means that portion of water withdrawn or withheld from the Great Lakes basin and assumed to be lost or otherwise not returned to the Great Lakes basin due to evaporation, incorporation into products or agricultural products, use as part of the packaging of products or agricultural products, or other processes. See Michigan Laws 324.32701 contaminated: means the presence of a regulated substance in soil, surface water, or groundwater or air that has been released from an underground storage tank system at a concentration exceeding the level set forth in the RCBA tier I screening levels established under section 20120a(1)(a) and (b). See Michigan Laws 324.21302 Continuance: Putting off of a hearing ot trial until a later time. Contract: means the executive act taken by an authorizing body that evidences the authorization of an urban high school academy and that establishes, subject to the constitutional powers of the state board and applicable law, the written instrument executed by an authorizing body conferring certain rights, franchises, privileges, and obligations on an urban high school academy, as provided by this part, and confirming the status of an urban high school academy as a public school in this state. See Michigan Laws 380.521 Contract: means the executive act taken by an authorizing body that evidences the authorization of a school of excellence and that establishes, subject to the constitutional powers of the state board and applicable law, the written instrument executed by an authorizing body conferring certain rights, franchises, privileges, and obligations on a school of excellence, as provided by this part, and confirming the status of a school of excellence as a public school in this state. See Michigan Laws 380.551 Controlled substance: means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 722.622 Conviction: A judgement of guilt against a criminal defendant. Conviction: means a final conviction, the payment of a fine, a plea of guilty or nolo contendere if accepted by the court, a finding of guilt for a criminal law violation or a juvenile adjudication or disposition by the juvenile division of probate court or family division of circuit court for a violation that if committed by an adult would be a crime, or a conviction in a tribal court or a military court. See Michigan Laws 722.111 Cool river system: means a stream or river that has the appropriate summer water temperature that, based on statewide averages, sustains a fish community composed mostly of warm-water fish species, but also contains some cool-water species or cold-water species, or both, as determined by a scientific methodology adopted by order of the commission. See Michigan Laws 324.32701 Corrective action: means the investigation, assessment, cleanup, removal, containment, isolation, treatment, or monitoring of regulated substances released into the environment from an underground storage tank system that is necessary under this part to prevent, minimize, or mitigate injury to the public health, safety, or welfare, the environment, or natural resources. See Michigan Laws 324.21302 Council: means the Great Lakes-St. See Michigan Laws 324.32701 Counterclaim: A claim that a defendant makes against a plaintiff. County road: means a county primary road or county local road as described in section 5 of 1951 PA 51, MCL 247. See Michigan Laws 324.81101 Court: means the circuit court. See Michigan Laws 722.1002 Court: means the circuit court. See Michigan Laws 722.1492 Court: means an entity authorized under the law of a state to establish, enforce, or modify a child-custody determination. See Michigan Laws 722.1522 Court: means the circuit court. See Michigan Laws 722.711 Court: means the family division of circuit court. See Michigan Laws 722.822 CPSC: means the consumer product safety commission created by the consumer product safety act, Public Law 92-573, 86 Stat. See Michigan Laws 722.1052 Crib: means a bed or containment designed to accommodate an infant. See Michigan Laws 722.1052 Criminal history check: means a fingerprint-based criminal history record information background check through the department of state police and the Federal Bureau of Investigation. See Michigan Laws 722.111 Criminal history record information: means that term as defined in section 1a of 1925 PA 289, MCL 28. See Michigan Laws 722.111 Crosswalk: means that term as defined in section 10 of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 752.51a Cyber school: means a school of excellence established under this part that has been issued a contract to be organized and operated as a cyber school under section 552(2) and that provides full-time instruction to pupils through online learning or otherwise on a computer or other technology, which instruction and learning may be remote from a school facility. See Michigan Laws 380.551 Decedent: means a deceased person and includes, but is not limited to, a testator, grantor, bargainor, vendor, donor, or person who dies intestate. See Michigan Laws 205.256 Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the bureau of revenue of the department of treasury. See Michigan Laws 205.256 Department: means the department of treasury. See Michigan Laws 722.1022 Department: means the department of consumer and industry services. See Michigan Laws 722.1052 Department: means the department of environmental quality. See Michigan Laws 324.32601 Department: means the department of human services. See Michigan Laws 722.1492 Department: means the department of environmental quality. See Michigan Laws 324.32701 Department: means the department of health and human services. See Michigan Laws 722.1553 Department: means the department of education. See Michigan Laws 722.1581 Department: means the department of education. See Michigan Laws 722.1603 Department: means the department of health and human services and the department of licensing and regulatory affairs or a successor agency or department responsible for licensure under this act. See Michigan Laws 722.111 Department: means the department of environmental quality. See Michigan Laws 324.79501 Department: means the department of health and human services. See Michigan Laws 722.622 Department: means the department of state police. See Michigan Laws 722.772 Department: means the department of health and human services. See Michigan Laws 722.872 Department: means the department of health and human services. See Michigan Laws 722.922 Department: means the department of health and human services. See Michigan Laws 722.952 Department: means the department of human services. See Michigan Laws 722.981 Department-approved entity: means an entity, including a local law enforcement agency or a private company, approved by the department to take the fingerprints and photograph of a child or youth with special health care needs under section 4. See Michigan Laws 722.772 Dependent: A person dependent for support upon another. Developmental disability: means that term as defined in section 100a of the mental health code, 1974 PA 258, MCL 330. See Michigan Laws 722.853 Devise: To gift property by will. Direct placement: means that term as defined in section 22 of the adoption code, MCL 710. See Michigan Laws 722.952 Director: means the director of the department. See Michigan Laws 722.622 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Diversion: means a transfer of water from the Great Lakes basin into another watershed, or from the watershed of 1 of the Great Lakes into that of another by any means of transfer, including, but not limited to, a pipeline, canal, tunnel, aqueduct, channel, modification of the direction of a water course, tanker ship, tanker truck, or rail tanker but does not apply to water that is used in the Great Lakes basin or a Great Lake watershed to manufacture or produce a product that is then transferred out of the Great Lakes basin or watershed. See Michigan Laws 324.32701 diversion: means the placement that occurs when a formally recorded apprehension is made by a law enforcement agency for an act by a minor that if a petition were filed with the court would bring that minor within section 2(a) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A. See Michigan Laws 722.822 DNA identification profile: means the results of the DNA identification profiling of genetic testing material. See Michigan Laws 722.711 DNA identification profiling: means a validated scientific method of analyzing components of deoxyribonucleic acid molecules in a sample of genetic testing material to identify the pattern of the components' chemical structure that is unique to the individual. See Michigan Laws 722.711 DNAPL: means a dense nonaqueous-phase liquid with a specific gravity greater than 1 and composed of 1 or more organic compounds that are immiscible or sparingly soluble in water. See Michigan Laws 324.21302 Docket: A log containing brief entries of court proceedings. Dog guide: means a dog, in harness, that has been formally trained and that is used by a blind person as a travel aid. See Michigan Laws 752.51a Domestic violence: means that term as defined in section 1 of 1978 PA 389, MCL 400. See Michigan Laws 722.1522 Donor: The person who makes a gift. Educational management company: means an entity that enters into an agreement with the governing board of a public school to provide comprehensive educational, administrative, management, or instructional services or staff to the public school. See Michigan Laws 380.521 Educational management organization: means an entity that enters into an agreement with the governing board of a public school to provide comprehensive educational, administrative, management, or instructional services or staff to the public school. See Michigan Laws 380.551 Electronic case management system: means the child protective service information system, that is an internal data system maintained within and by the department. See Michigan Laws 722.622 Eligible: means that the individual obtained the checks and clearances described in section 5n and 5q and is considered appropriate to obtain a license, to be a member of the household of a group child care home or family child care home, or to be a child care staff member. See Michigan Laws 722.111 Eligible child: means a child who meets the eligibility criteria under section 3 for receiving guardianship assistance. See Michigan Laws 722.872 Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. Entity: means a nonprofit corporation that is organized under the nonprofit corporation act, 1982 PA 162, MCL 450. See Michigan Laws 380.521 Entity: means a partnership, nonprofit or business corporation, labor organization, or any other association, corporation, trust, or other legal entity. See Michigan Laws 380.551 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Executor: A male person named in a will to carry out the decedent Expunge: means to physically remove or eliminate and destroy a record or report. See Michigan Laws 722.622 Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state. Family child care home: means a private home in which 1 but fewer than 7 minor children are received for care and supervision for compensation for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the household. See Michigan Laws 722.111 Family service agency: means an agency that assists a tax-exempt charitable organization recruiting persons and families under section 7 with obtaining and reviewing criminal history records checks required under section 9 and conducting home safety assessments and training as required under section 11 and 13. See Michigan Laws 722.1553 Family-owned: means participation by the decedent or a qualified heir in the operation of the business for not less than 500 hours in 5 out of the 8 years immediately preceding the decedent's death and either of the following:
(i) The business is 100% owned by the decedent and qualified heirs, or for a corporation, 100% of the stock is owned by the decedent and qualified heirs. See Michigan Laws 205.221Farm: means that term as it is defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286. See Michigan Laws 324.32701 Farm vehicle: means either of the following:
(i) An implement of husbandry as defined in section 21 of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.81101Father: means the man who signs an acknowledgment of parentage of a child. See Michigan Laws 722.1002 FBI automatic notification system: means the automatic notification system that is maintained by the Federal Bureau of Investigation. See Michigan Laws 722.1553 Federal return: means any United States transfer tax return including federal estate tax returns and generation-skipping tax returns unless the context indicates a similar Michigan tax return. See Michigan Laws 205.256 File: means all information about an individual recorded and retained by a law enforcement intelligence organization regardless of how the information is stored. See Michigan Laws 752.1 firearm: except as otherwise specifically defined in statute, includes any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive. See Michigan Laws 8.3t Forest road: means a hard surfaced road, gravel or dirt road, or other route capable of travel by a 2-wheel drive, 4-wheel conventional vehicle designed for road use. See Michigan Laws 324.81101 Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC Foster care: means care provided to a child on a 24-hour basis either by a child care organization or by a person or organization appointed by the juvenile division of the probate court, either temporarily or permanently, to provide court supervised child care, pursuant to any of the following:
(i) An order of the juvenile division of the probate court if the court acquired jurisdiction over the child pursuant to section 2(b)(1) or (2) of chapter XIIA of Act No. See Michigan Laws 722.131Foster care: means care provided to a child in a foster family home, foster family group home, or child caring institution licensed by the department under 1973 PA 116, MCL 722. See Michigan Laws 722.922 Foster care: means a child's placement outside the child's parental home by and under the supervision of a child placing agency, the court, or the department. See Michigan Laws 722.952 Foster care: means 24-hour substitute care for children placed away from their parents or guardians for whom the state agency or child placing agency has placement and care responsibility. See Michigan Laws 722.981 Foster family group home: means the private home of an individual who has been licensed by the department to provide 24-hour care for more than 4 but fewer than 7 minor children who are placed away from their parent, legal guardian, or legal custodian in foster care. See Michigan Laws 722.111 Foster family home: means the private home of an individual who is licensed to provide 24-hour care for 1 but not more than 4 minor children who are placed away from their parent, legal guardian, or legal custodian in foster care. See Michigan Laws 722.111 Fraud: Intentional deception resulting in injury to another. Friend of the court act: means the friend of the court act, 1982 PA 294, MCL 552. See Michigan Laws 722.1492 Full investigation: means an act of fact finding, document review, or systematic inquiry or examination that occurs after the completion of a preliminary investigation. See Michigan Laws 722.922 Full-size crib: means a full-size crib as defined in section 1508. See Michigan Laws 722.1052 Fund: means the children's advocacy center fund created in section 3. See Michigan Laws 722.1042 Fund: means the submerged log recovery fund created in section 32610. See Michigan Laws 324.32601 Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor Generation-skipping transfer: means every transfer subject to the federal generation-skipping transfer tax in which the original transferor is a resident of this state at the date of the transfer by the original transferor or the property transferred is real or personal property situated in this state. See Michigan Laws 205.256 Genetic father: means a man whose paternity has been determined solely through genetic testing under the paternity act, 1956 PA 205, MCL 722. See Michigan Laws 722.1433 Genetic paternity determination form: means a form issued by the title IV-D agency to provide genetic testing information to the state registrar. See Michigan Laws 722.1463 Genetic testing material: means a sample of an individual's blood, saliva, or tissue collected from the individual that is used for genetic paternity testing conducted under this act. See Michigan Laws 722.711 Governmental unit: means the state or any political subdivision of the state, an authorized representative of the state or any political subdivision of the state, any school district, intermediate school district, or an authorized representative of any school district or intermediate school district. See Michigan Laws 722.772 Grab sample: means a single sample or measurement taken at a specific time or over as short a period as feasible. See Michigan Laws 324.21302 Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, grantee: may be construed as including every person to whom any such interest or estate passes in like manner. See Michigan Laws 8.3e Great Lakes: means Lake Superior, Lake Michigan, Lake Huron, and Lake Erie, and includes Lake St. See Michigan Laws 324.32601 Great Lakes: means Lakes Superior, Michigan and Huron, Erie, and Ontario and their connecting waterways including the St. See Michigan Laws 324.32701 Great Lakes basin: means the watershed of the Great Lakes and the St. See Michigan Laws 324.32701 Great Lakes charter: means the document establishing the principles for the cooperative management of the Great Lakes water resources, signed by the governors and premiers of the Great Lakes region on February 11, 1985. See Michigan Laws 324.32701 Great Lakes region: means the geographic region composed of the states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, and Wisconsin, the commonwealth of Pennsylvania, and the provinces of Ontario and Quebec, Canada. See Michigan Laws 324.32701 Groundwater: means water below the land surface in the zone of saturation and capillary fringe. See Michigan Laws 324.21302 Group child care home: means a private home in which more than 6 but not more than 12 minor children are given care and supervision for periods of less than 24 hours a day unattended by a parent or legal guardian, except children related to an adult member of the household. See Michigan Laws 722.111 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. Guardian: means the guardian of the person. See Michigan Laws 722.111 Guardian: means a person who has qualified as a guardian of a minor or a child or youth with special health care needs under a parental or spousal nomination or a court order issued under section 19a or 19c of chapter XIIA of the probate code of 1939, MCL 712A. See Michigan Laws 722.772 Guardian: means a person appointed by the court to act as a legal guardian for a child under section 19a or 19c of chapter XIIA of the probate code, MCL 712A. See Michigan Laws 722.872 Guardianship assistance agreement: means a negotiated binding agreement regarding financial support as described in section 5 for children who meet the qualifications for guardianship assistance as specified in this act or in the department's administrative rules. See Michigan Laws 722.872 Heating oil: means petroleum that is no. See Michigan Laws 324.21302 Highway: means a state trunk line highway or a segment of a state trunk line highway. See Michigan Laws 324.81101 Home state: means that term as defined in section 102 of the uniform child-custody jurisdiction and enforcement act, 2001 PA 195, MCL 722. See Michigan Laws 722.1522 Increased capacity: means 1 additional child added to the total number of minor children received for care and supervision in a family child care home or 2 additional children added to the total number of minor children received for care and supervision in a group child care home. See Michigan Laws 722.111 Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC Index flow: means the 50% exceedance flow for the lowest summer flow month of the flow regime, for the applicable stream reach, as determined over the period of record or extrapolated from analyses of the United States geological survey flow gauges in Michigan. See Michigan Laws 324.32701 Individual: means a natural person or a parent or guardian of a natural person who is less than 18 years of age, unless the person who is less than 18 years of age indicates otherwise. See Michigan Laws 752.1 Ineligible: means that the individual obtained the checks and clearances as described in section 5n and 5q and is not considered appropriate to obtain a license, to be a member of the household of a group child care home or family child care home, or to be a child care staff member due to violation of section 5n, 5q, or 5r. See Michigan Laws 722.111 inhabitant: means a resident of a city, township, village, district or county. See Michigan Laws 8.3f Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Intellectually disabled: means intellectual disability as that term is defined in section 100b of the mental health code, 1974 PA 258, MCL 330. See Michigan Laws 722.853 Interested party: means any of the following:
(i) A biological parent whose parental rights have not been terminated. See Michigan Laws 722.131Internal revenue code: means the United States internal revenue code of 1986, in effect on January 1, 1998 or, at the option of the personal representative, in effect on the date of the decedent's death. See Michigan Laws 205.256 Interstate law enforcement intelligence organization: means any intelligence gathering organization whose purpose is to promote the gathering, recording, and interstate exchange of confidential information not available through regular police channels and which provides a central clearinghouse for information dissemination to its membership. See Michigan Laws 752.1 Intestate: Dying without leaving a will. Investigation: means either a preliminary investigation or a full investigation. See Michigan Laws 722.922 Joint resolution: A legislative measure which requires the approval of both chambers. Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together. Juror: A person who is on the jury. Lake augmentation well: means a water well used to withdraw groundwater for the purpose of maintaining or raising water levels of an inland lake or stream as defined in section 30101. See Michigan Laws 324.32701 Large quantity withdrawal: means 1 or more cumulative total withdrawals of over 100,000 gallons of water per day average in any consecutive 30-day period that supply a common distribution system. See Michigan Laws 324.32701 Large river: means a river with a drainage area of 300 or more square miles. See Michigan Laws 324.32701 Law enforcement agency: means a state or local police department, a sheriff's department, a county prosecutor's office, the department of attorney general, or any other department or agency which enforces the laws of this state or the ordinances of a county, township, city, or village. See Michigan Laws 752.1 Law enforcement agency: means a police department of a city, village, or township, a sheriff's department, the department of state police, or any other governmental law enforcement agency in this state. See Michigan Laws 722.822 Law of another state: means a law or ordinance enacted by any of the following:
(i) Another state. See Michigan Laws 324.81101Lawyer-guardian ad litem: means an attorney appointed under section 10 who has the powers and duties referenced by section 10. See Michigan Laws 722.622 Legacy: A gift of property made by will. Legal custodian: means an individual who is at least 18 years of age in whose care a minor child remains or is placed after a court makes a finding under section 13a(5) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A. See Michigan Laws 722.111 Legal custodian: means an individual who is at least 18 years of age in whose care a child remains or is placed after a court makes a finding under section 13a of chapter XIIA of the probate code, MCL 712A. See Michigan Laws 722.872 Legal entity: means a sole proprietorship, partnership, corporation, limited liability company, or any other entity. See Michigan Laws 722.111 Legatee: A beneficiary of a decedent Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Licensee: means a person, legal entity organized under a law of this state, state or local government, or trust that has been issued a license under this act to operate a child care organization. See Michigan Laws 722.111 Licensee designee: means the individual designated in writing by the board of directors of the corporation or by the owner or person with legal authority to act on behalf of the company or organization on licensing matters. See Michigan Laws 722.111 Lien: A claim against real or personal property in satisfaction of a debt. Lineal descendant: Direct descendant of the same ancestors. Listed offense: means that term as defined in section 2 of the sex offenders registration act, 1994 PA 295, MCL 28. See Michigan Laws 722.111 LNAPL: means a light nonaqueous-phase liquid having a specific gravity less than 1 and composed of 1 or more organic compounds that are immiscible or sparingly soluble in water, and the term encompasses all potential occurrences of LNAPL. See Michigan Laws 324.21302 Local board: means a local foster care review board created under section 4. See Michigan Laws 722.131 Local council: means an organization that meets the criteria described in section 10(a). See Michigan Laws 722.602 Local office file: means the system used to keep a record of a written report, document, or photograph filed with and maintained by a county or a regionally based office of the department. See Michigan Laws 722.622 Local unit of government: means a city, village, township, county, fire department, or local health department as defined in section 1105 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 324.21302 Local unit of government: means a county, township, or municipality. See Michigan Laws 324.81101 Maintained portion: means the roadway and any shoulder of a street, county road, or highway. See Michigan Laws 324.81101 Manufacturer: means a person, partnership, corporation, or association engaged in the production and manufacture of ORVs as a regular business. See Michigan Laws 324.81101 Medical emergency: means that condition which, on the basis of a physician's good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate an immediate abortion of that woman's pregnancy to avert her death, or for which a delay in performing an abortion will create serious risk of substantial and irreversible impairment of a major bodily function. See Michigan Laws 722.902 Member of the clergy: means a priest, minister, rabbi, Christian science practitioner, spiritual leader, or other religious practitioner, or similar functionary of a church, temple, spiritual community, or recognized religious body, denomination, or organization. See Michigan Laws 722.622 Member of the household: means any individual who resides in a family child care home, group child care home, foster family home, or foster family group home on an ongoing basis, or who has a recurrent presence in the home, including, but not limited to, overnight stays. See Michigan Laws 722.111 Mental illness: means that term as defined in section 400 of the mental health code, 1974 PA 258, MCL 330. See Michigan Laws 722.853 Metropolitan district: means a district incorporated under the metropolitan district act, 1929 PA 312, MCL 119. See Michigan Laws 168.17 Minor: means an individual who is less than 21 years of age. See Michigan Laws 722.644 Minor: means an individual less than 18 years of age. See Michigan Laws 722.822 Minor: means a person under the age of 18 years who is not emancipated pursuant to section 4 of Act No. See Michigan Laws 722.902 Minor child: means an individual less than 18 years of age. See Michigan Laws 722.1553 Minor child: means any of the following:
(i) A person less than 18 years of age. See Michigan Laws 722.111month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Mother: means the mother of a child born out of wedlock. See Michigan Laws 722.711 municipal judge: whenever used in this act shall be deemed to include all municipal courts and judges heretofore or hereafter established or authorized under the provisions of Act No. See Michigan Laws 730.501a Municipality: means a city or village. See Michigan Laws 324.81101 NAPL: means a nonaqueous-phase liquid or a nonaqueous-phase liquid solution composed of 1 or more organic compounds that are immiscible or sparingly soluble in water. See Michigan Laws 324.21303 Neglect: means harm to a child's health or welfare by a person responsible for the child's health or welfare that occurs through negligent treatment, including the failure to provide adequate food, clothing, shelter, or medical care, though financially able to do so, or the failure to seek financial or other reasonable means to provide adequate food, clothing, shelter, or medical care. See Michigan Laws 722.602 network: means the networks created under section 5. See Michigan Laws 722.1603 New or increased large quantity withdrawal: means a new water withdrawal of over 100,000 gallons of water per day average in any consecutive 30-day period or an increase of over 100,000 gallons of water per day average in any consecutive 30-day period beyond the baseline capacity of a withdrawal. See Michigan Laws 324.32701 New or increased withdrawal capacity: means new or additional water withdrawal capacity to supply a common distribution system that is an increase from the person's baseline capacity. See Michigan Laws 324.32701 Next friend: means a person who is not 1 of the following:
(i) A physician who performs abortions. See Michigan Laws 722.902Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose. Non-full-size crib: means a non-full-size crib as defined in section 1509. See Michigan Laws 722.1052 Nonparent adult: means a person who is 18 years of age or older and who, regardless of the person's domicile, meets all of the following criteria in relation to a child:
(i) Has substantial and regular contact with the child. See Michigan Laws 722.622Nonresident: means an individual who is not a resident. See Michigan Laws 205.256 Off-road vehicle account: means the off-road vehicle account of the Michigan conservation and recreation legacy fund established in section 2015. See Michigan Laws 324.81101 Office: means the children's ombudsman office established under section 3. See Michigan Laws 722.922 ombudsman: means the individual appointed to the office of children's ombudsman under section 3. See Michigan Laws 722.922 Online registration process: means the online registration process provided for in section 32706. See Michigan Laws 324.32701 Online reporting system: means the electronic system established by the department for individuals identified in section 3(1) to report suspected child abuse or child neglect. See Michigan Laws 722.622 Operator: means a person who is presently, or was at the time of a release, in control of, or responsible for, the operation of an underground storage tank system. See Michigan Laws 324.21303 Operator: means an individual who operates or is in actual physical control of the operation of an ORV. See Michigan Laws 324.81101 Order of filiation: means a judicial order establishing an affiliated father. See Michigan Laws 722.1433 Original license: means a license issued to a child care organization during the first 6 months of operation indicating that the organization is in compliance with all rules promulgated by the department under this act. See Michigan Laws 722.111 Original transferor: means any grantor, donor, trustor, testator, or person who by grant, gift, trust, will, or otherwise, makes a transfer of real or personal property that results in a federal generation-skipping transfer tax. See Michigan Laws 205.256 ORV safety certificate: means an ORV safety certificate issued under section 81130 or, except as used in section 81130, a comparable safety certificate issued under the authority of another state or province of Canada. See Michigan Laws 324.81101 Oversight: Committee review of the activities of a Federal agency or program. Owner: means a person who holds, or at the time of a release who held, a legal, equitable, or possessory interest of any kind in an underground storage tank system or in the property on which an underground storage tank system is or was located including, but not limited to, a trust, vendor, vendee, lessor, or lessee. See Michigan Laws 324.21303 Owner: means any of the following:
(i) A vendee or lessee of an ORV that is the subject of an agreement for the conditional sale or lease of the ORV, with the right of purchase upon performance of the conditions stated in the agreement, and with an immediate right of possession vested in the conditional vendee or lessee. See Michigan Laws 324.81101Participating party: means a biological mother, biological father, surrogate carrier, or the spouse of a biological mother, biological father, or surrogate carrier, if any. See Michigan Laws 722.853 Party: means a child's mother or a child's alleged or legally established father under this act. See Michigan Laws 722.1492 Paternity act: means the paternity act, 1956 PA 205, MCL 722. See Michigan Laws 722.1463 Person: means an individual, firm, partnership, joint venture, association, corporation, limited liability company, company, estate, or any other group or combination acting as a unit. See Michigan Laws 205.256 Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 722.1052 Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 722.1492 Person: means an individual, organization, group, association, partnership, corporation, trust, professional fund-raiser, or any combination of those entities. See Michigan Laws 14.302 Person who sells tobacco products at retail: means a person whose ordinary course of business consists, in whole or in part, of the retail sale of tobacco products subject to state sales tax. See Michigan Laws 722.644 Person who sells vapor products or alternative nicotine products at retail: means a person whose ordinary course of business consists, in whole or in part, of the retail sale of vapor products or alternative nicotine products. See Michigan Laws 722.644 person with a disability: includes a veteran who has been diagnosed with 1 or more of the following:
(i) Post-traumatic stress disorder. See Michigan Laws 752.61Personal representative: means the personal representative appointed by the probate court, including an independent personal representative, or, if a personal representative is not acting, then any person who is in the actual or constructive possession of any property included in the gross estate of the decedent or any other person who is required to file a return or pay the taxes due under any provision of this act. See Michigan Laws 205.256 Petition: includes a motion or its equivalent. See Michigan Laws 722.1522 Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer. Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial. Preliminary investigation: means an act of fact finding, document review, or systematic inquiry or examination to determine if there is a correlation between an administrative act and the death of a child or to determine if a trend or systematic issue is identified that would cause the ombudsman to open a full investigation. See Michigan Laws 722.922 Preplacement assessment: means an assessment of a prospective adoptive parent as described in section 23f of the adoption code, MCL 710. See Michigan Laws 722.952 Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents. Presumed father: means a man who is presumed to be the child's father by virtue of his marriage to the child's mother at the time of the child's conception or birth. See Michigan Laws 722.1433 Prevention program: means a system of direct provision of child abuse and neglect prevention services to a child, parent, or guardian, and may include research programs related to prevention of child abuse and neglect. See Michigan Laws 722.602 primary election: as used in this act , shall mean a primary election held for the purpose of deciding by ballot who shall be the nominees for the offices named in this act, or for the election by ballot of delegates to political conventions. See Michigan Laws 168.7 Prior conviction: means a conviction for any of the following, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, a law of the United States substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state:
(i) A violation or an attempted violation of section 81134(1), (3), (4), (5), (6), or (7), except that only 1 violation or attempted violation of section 81134(6), a local ordinance substantially corresponding to section 81134(6), a law of another state substantially corresponding to section 81134(6), or a law of the United States substantially corresponding to section 81134(6) may be used as a prior conviction other than for enhancement purposes as provided in section 81134(11)(b). See Michigan Laws 324.81101Private home: means a private residence in which the licensee permanently resides, which residency is not contingent upon caring for children or employment by a child placing agency. See Michigan Laws 722.111 Probable cause: A reasonable ground for belief that the offender violated a specific law. Probate code: means the probate code of 1939, 1939 PA 288, MCL 710. See Michigan Laws 722.872 Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Property: means real estate that is contaminated by a release from an underground storage tank system. See Michigan Laws 324.21303 property: means the property or interest in property of the testator, intestate, grantor, bargainor, or vendor, passing or transferred to those not specifically exempted from this act, and not as the property or interest in property passing or transferred to the individual legatees, devisees, heirs, next of kin, grantees, donees, or vendees, and includes all property or interest in property whether situated within or without this state and including all property represented or evidenced by note, certificate, stock, land, contract, mortgage or other kind or character of evidence thereof, and regardless of whether that evidence of property is owned, kept or possessed within or without this state. See Michigan Laws 205.221 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. prosecuting attorney: means the county treasurer or prosecuting attorney of the county having jurisdiction pursuant to section 10. See Michigan Laws 205.221 Protection order: means either of the following:
(i) An order entered under section 2950 or 2950a of the revised judicature act of 1961, 1961 PA 236, MCL 600. See Michigan Laws 722.1522providing babysitting services: means caring for a child on behalf of the child's parent or guardian if the annual compensation for providing those services does not equal or exceed $600. See Michigan Laws 722.111 Provisional license: means a license issued to a child care organization that is temporarily unable to conform to the rules promulgated under this act. See Michigan Laws 722.111 Public health code: means the public health code, 1978 PA 368, MCL 333. See Michigan Laws 722.1463 Public highway: means a road or highway under the jurisdiction of the state transportation department, a county road commission, or a local unit of government. See Michigan Laws 324.21303 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Public place: means a public street, sidewalk, or park or any area open to the general public in a publicly owned or operated building or public place of business. See Michigan Laws 722.644 qualified elector: as used in this act , means a person who possesses the qualifications of an elector as prescribed in section 1 of article II of the state constitution of 1963 and who has resided in the city or township 30 days. See Michigan Laws 168.10 Qualified farm real and personal property: means real and personal property located in this state that on the date of the decedent's death was devoted primarily to an agricultural use, and, for a decedent who dies before January 1, 1993, meets all the following conditions or, for a decedent who dies after December 31, 1992, meets the conditions in either subparagraph (ii) or (iii):
(i) The real property is eligible as farmland pursuant to part 361 (farmland and open space preservation) of the natural resources and environmental protection act, Act No. See Michigan Laws 205.221Qualified heir: means an individual entitled to any beneficial interest in property who is the grandfather, grandmother, father, mother, husband, wife, child, legally adopted child, stepchild, brother, sister, wife or widow of a son, or husband or widower of a daughter of the decedent grantor, donor, or vendor, or for the use of a person to whom the decedent grantor, donor, or vendor stood in the mutually acknowledged relation of a parent, if the relationship began at or before the child's seventeenth birthday and continued until the death of the decedent grantor, donor, or vendor, or to or for the use of a lineal descendant of or a lineal descendant of a stepchild of the decedent grantor, donor, or vendor, or farm business partner, or to or for the use of any person to whom the decedent grantor, donor, or vendor stood in the mutually acknowledged relation of a farm business partner. See Michigan Laws 205.221 RBCA: means the American Society for Testing and Materials (ASTM) document entitled standard guide for risk-based corrective action applied at petroleum release sites, designation E 1739-95 (reapproved 2010) E1; standard guide for risk-based corrective action designation E 2081-00 (reapproved 2010) E1; and standard guide for development of conceptual site models and remediation strategies for light nonaqueous-phase liquids released to the subsurface designation E 2531-06 E1, all of which are hereby incorporated by reference. See Michigan Laws 324.21303 RBSL: means the unrestricted residential and nonresidential generic cleanup criteria developed by the department pursuant to part 201. See Michigan Laws 324.21303 Recess: A temporary interruption of the legislative business. Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Michigan Laws 722.1522 Region: means 1 of at least 4 areas of the state as determined by the department to provide technical assistance to child care providers. See Michigan Laws 722.1603 Regular election: means an election held on a regular election date to elect an individual to, or nominate an individual for, elective office in the regular course of the terms of that elective office. See Michigan Laws 168.3 Regular election date: means 1 of the dates established as a regular election date in section 641. See Michigan Laws 168.3 Regular license: means a license issued to a child care organization indicating that the organization is in substantial compliance with all rules promulgated under this act and, if there is a deficiency, has entered into a corrective action plan. See Michigan Laws 722.111 Regulated substance: means any of the following:
(i) A substance defined in section 101(14) of title I of the comprehensive environmental response, compensation, and liability act of 1980, Public Law 96-510, 42 USC 9601, but not including a substance regulated as a hazardous waste under subtitle C of the solid waste disposal act, title II of Public Law 89-272, 42 USC 6921 to 6939e. See Michigan Laws 324.21303Related: means 1 of the following:
(i) Except as provided in subparagraph (ii), a relative as defined in section 13a of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A. See Michigan Laws 722.111Relative: means that term as defined in section 13a of chapter XIIA of the probate code, MCL 712A. See Michigan Laws 722.872 Release: means any spilling, leaking, emitting, discharging, escaping, or leaching from an underground storage tank system into groundwater, surface water, or subsurface soils. See Michigan Laws 324.21303 Religious organization: means a church, ecclesiastical corporation, or group, not organized for pecuniary profit, that gathers for mutual support and edification in piety or worship of a supreme deity. See Michigan Laws 722.111 Remand: When an appellate court sends a case back to a lower court for further proceedings. Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals). Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation. Residence: as used in this act , for registration and voting purposes means that place at which a person habitually sleeps, keeps his or her personal effects, and has a regular place of lodging. See Michigan Laws 168.11 Resident: means that term as defined in section 18 of the income tax act of 1967, 1967 PA 281, MCL 206. See Michigan Laws 205.256 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners. Riparian owner: means a person who owns frontage bordering bottomlands. See Michigan Laws 324.32601 River: means a flowing body of water with a drainage area of 80 or more square miles. See Michigan Laws 324.32701 Roadway: means the portion of a street, county road, or highway improved, designed, or ordinarily used for travel by vehicles registered under the code. See Michigan Laws 324.81101 Route: means a forest road or other road that is designated for purposes of this part by the department. See Michigan Laws 324.81101 School board: means the governing body of a school district, including the board of trustees of a community college. See Michigan Laws 168.4 School district: means a school district, a local act school district, or an intermediate school district, as those terms are defined in the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 168.4 School district election coordinator: means 1 of the following:
(i) For a school district whose entire territory lies within a single city or township, the city or township clerk. See Michigan Laws 168.4School-age child: means a child who is eligible to attend a grade of kindergarten or higher, but is less than 13 years of age. See Michigan Laws 722.111 SDU: means the entity established in section 6 of the office of child support act, 1971 PA 174, MCL 400. See Michigan Laws 722.711 Service animal: means all of the following:
(i) That term as defined in 28 C. See Michigan Laws 752.61Severe physical injury: means serious physical harm as that term is defined in section 136b of the Michigan penal code, 1931 PA 328, MCL 750. See Michigan Laws 722.111 shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 8.4c Shoulder: means that portion of a street, county road, or highway contiguous to the roadway and generally extending the contour of the roadway, not designed for vehicular travel but maintained for the temporary accommodation of disabled or stopped motor vehicles otherwise permitted on the roadway. See Michigan Laws 324.81101 Sibling: means a child who is related through birth or adoption by at least 1 common parent. See Michigan Laws 722.952 Site: means a location where a release has occurred or a threat of release exists from an underground storage tank system, excluding any location where corrective action was completed which satisfies the applicable RBSL or SSTL. See Michigan Laws 324.21303 Site-specific review: means the department's independent review under section 32706c to determine whether the withdrawal is a zone A, zone B, zone C, or zone D withdrawal and whether a withdrawal is likely to cause an adverse resource impact. See Michigan Laws 324.32701 Small river: means a river with a drainage area of less than 300 square miles. See Michigan Laws 324.32701 Soil conservation district agency: means the agency of the district where the real property is located created pursuant to part 93 (soil conservation districts) of the natural resources and environmental protection act, Act No. See Michigan Laws 205.221 Source watershed: means the watershed from which a withdrawal originates. See Michigan Laws 324.32701 Specified information: means information in a children's protective services case record related specifically to the department's actions in responding to a complaint of child abuse or child neglect. See Michigan Laws 722.622 SSTL: means an RBCA risk-based remedial action target level for contamination developed for a site under RBCA tier II and tier III evaluations. See Michigan Laws 324.21303 State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Michigan Laws 722.1522 State board: means the state child abuse and neglect prevention board created in section 3. See Michigan Laws 722.602 State board program: means the state foster care review board program created in section 2. See Michigan Laws 722.131 State land use agency: means the land use agency within the department of natural resources. See Michigan Laws 205.221 State public university: means a state university described in section 4, 5, or 6 of article VIII of the state constitution of 1963. See Michigan Laws 380.551 State registrar: means that term as defined in section 2805 of the public health code, Act No. See Michigan Laws 722.1002 State registrar: means that term as defined in section 2805 of the public health code, MCL 333. See Michigan Laws 722.1463 Statute: A law passed by a legislature. Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Stream: means a flowing body of water with a drainage area of less than 80 square miles. See Michigan Laws 324.32701 Stream reach: means a segment of a stream or river. See Michigan Laws 324.32701 Street: means a city or village major street or city or village local street as described in section 9 of 1951 PA 51, MCL 247. See Michigan Laws 324.81101 Structured decision-making tool: means the department document labeled "DSS-4752 (P3) (3-95)" or a revision of that document that better measures the risk of future harm to a child. See Michigan Laws 722.622 Submerged log: means a portion of the trunk of a felled tree that has not been further processed for any end use and is located on, in, over, or under bottomlands. See Michigan Laws 324.32601 Subpoena: A command to a witness to appear and give testimony. Successor guardian: means a person appointed by the court to act as a legal guardian when the preceding guardian is no longer able to act, as a result of his or her death or incapacitation, under section 19a or 19c of chapter XIIA of the probate code, MCL 712A. See Michigan Laws 722.872 Summary report: means a written summary of the DNA identification profile that includes only the following information:
(i) The court case number, if applicable, the laboratory case number or identification number, and the family independence agency case number. See Michigan Laws 722.711Summons: Another word for subpoena used by the criminal justice system. Supervising agency: means the department if a child is placed in the department's care for foster care, or a child placing agency in whose care a child is placed for foster care. See Michigan Laws 722.952 Support: means that term as defined in section 2a of the friend of the court act, MCL 552. See Michigan Laws 722.1492 Support and parenting time enforcement act: means the support and parenting time enforcement act, 1982 PA 295, MCL 552. See Michigan Laws 722.1492 Support formula: means the support formula developed by the state friend of the court bureau under section 19 of the friend of the court act, MCL 552. See Michigan Laws 722.1492 Surface water: means all of the following, but does not include groundwater or an enclosed sewer, other utility line, storm water retention basin, or drainage ditch:
(i) The Great Lakes and their connecting waters. See Michigan Laws 324.21303Surrogate carrier: means the female in whom an embryo is implanted in a surrogate gestation procedure. See Michigan Laws 722.853 Surrogate gestation: means the implantation in a female of an embryo not genetically related to that female and subsequent gestation of a child by that female. See Michigan Laws 722.853 Surrogate mother: means a female who is naturally or artificially inseminated and who subsequently gestates a child conceived through the insemination according to a surrogate parentage contract. See Michigan Laws 722.853 Surrogate parentage contract: means a contract, agreement, or arrangement in which a female agrees to conceive a child through natural or artificial insemination, or in which a female agrees to surrogate gestation, and to voluntarily relinquish her parental or custodial rights to the child. See Michigan Laws 722.853 Tangible personal property: means corporeal personal property. See Michigan Laws 205.256 Testator: A male person who leaves a will at death. Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. threatened release: means any circumstance that may reasonably be anticipated to cause a release. See Michigan Laws 324.21303 Thriving fish curve: means a fish functional response curve that describes the initial decline in density of thriving fish populations in response to reductions in index flow as published in the document entitled "Report to the Michigan Legislature in response to 2006 Public Act 34" by the former groundwater conservation advisory council dated July 2007, which is incorporated by reference. See Michigan Laws 324.32701 Tobacco product: means a product that contains tobacco and is intended for human consumption, including, but not limited to, a cigarette, noncigarette smoking tobacco, or smokeless tobacco, as those terms are defined in section 2 of the tobacco products tax act, 1993 PA 327, MCL 205. See Michigan Laws 722.644 Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. Transfer: includes the passing of property or an interest in property in possession or enjoyment, present or future, by inheritance, descent, devise, bequest, grant, deed, bargain, sale, or gift in the manner prescribed in this act. See Michigan Laws 205.221 Transfer tax: includes an estate, generation-skipping, inheritance, legacy, or succession tax for residents and nonresidents, including aliens. See Michigan Laws 205.256 Travel document: means records relating to a travel itinerary, including travel tickets, passes, reservations for transportation, or accommodations. See Michigan Laws 722.1522 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trust fund: means the fostering futures scholarship trust fund created in section 3. See Michigan Laws 722.1022 Trust fund: means the children's trust fund established in the department of treasury. See Michigan Laws 722.602 Underground storage tank system: means a tank or combination of tanks, including underground pipes connected to the tank or tanks, which is, was, or may have been used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground pipes connected to the tank or tanks, is 10% or more beneath the surface of the ground. See Michigan Laws 324.21303 Unpatented lands: means all bottomlands except patented lands. See Michigan Laws 324.32601 Uphold: The decision of an appellate court not to reverse a lower court decision. User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services. Vadose zone: means the soil between the land surface and the top of the capillary fringe. See Michigan Laws 324.21303 Vapor product: means a noncombustible product that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine or any other substance, and the use or inhalation of which simulates smoking. See Michigan Laws 722.644 vehicle: means a motor-driven off-road recreation vehicle capable of cross-country travel without benefit of a road or trail, on or immediately over land, snow, ice, marsh, swampland, or other natural terrain. See Michigan Laws 324.81101 Verdict: The decision of a petit jury or a judge. Veteran: means any of the following:
(i) A person who performed military service in the armed forces for a period of more than 90 days and separated from the armed forces in a manner other than a dishonorable discharge. See Michigan Laws 752.61Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House. Visitation: includes parenting time as that term is used in the support and parenting time enforcement act, 1982 PA 295, MCL 552. See Michigan Laws 722.1522 Walker: means an aid used by a blind pedestrian for travel and identification purposes that is white in color or has white legs with or without a red tip. See Michigan Laws 752.51a Warm river system: means a stream or river that has the appropriate summer water temperature that, based on statewide averages, sustains a fish community composed predominantly of warm-water fish species, as determined by a scientific methodology adopted by order of the commission. See Michigan Laws 324.32701 Waters of the state: means groundwater, lakes, rivers, and streams and all other watercourses and waters, including the Great Lakes, within the territorial boundaries of the state. See Michigan Laws 324.32701 Withdrawal: means the removal of water from surface water or groundwater. See Michigan Laws 324.32701 Writ: A formal written command, issued from the court, requiring the performance of a specific act. Wrongful removal: means the taking of a child that breaches rights of custody or visitation given or recognized under the law of this state. See Michigan Laws 722.1522 Wrongful retention: means the keeping or concealing of a child that breaches rights of custody or visitation given or recognized under the law of this state. See Michigan Laws 722.1522 Young adult: means an individual 14 years of age or older but less than 21 years of age. See Michigan Laws 722.981 Zone D withdrawal: means , beginning February 1, 2009, a withdrawal that is likely to cause an adverse resource impact. See Michigan Laws 324.32701