Chapter X Michigan Adoption Code
Chapter XI Change of Name of Adult or Minor
Chapter XII Safe Delivery of Newborns
Chapter XIIA Jurisdiction, Procedure, and Disposition Involving Minors
Chapter XIIB

Terms Used In Michigan Laws > Chapters 701-713 > Act 288 of 1939

  • Active efforts: means actions to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and to reunify the Indian child with the Indian family. See Michigan Laws 712B.3
  • Adoptee: means the individual who is to be adopted, regardless of whether the individual is a child or an adult. See Michigan Laws 710.22
  • Adoption attorney: means an attorney acting as counsel in an adoption proceeding or case. See Michigan Laws 710.22
  • Adult former sibling: means an individual who is 18 years of age or older and is related to an adult adoptee either biologically or through adoption by at least 1 common parent, regardless of whether the adult former sibling ever lived in the same household as the adult adoptee. See Michigan Laws 710.22
  • Agency placement: means a placement in which a child placing agency, the department, or a court selects the adoptive parent for the child and transfers physical custody of the child to the prospective adoptive parent. See Michigan Laws 710.22
  • agreement: means an instrument prescribing the terms of home improvement charge sales, whether secured or unsecured, which may be made under the agreement from time to time and under the terms of which a time price differential is to be computed in relation to the buyer's unpaid balance from time to time. See Michigan Laws 445.1102
  • Applicant: means an individual or individuals who desire to adopt a child and who have submitted an adoption application to a child placing agency. See Michigan Laws 710.22
  • Attending practitioner: means a licensed physician or a registered professional nurse certified as a nurse midwife by the Michigan board of nursing. See Michigan Laws 710.22
  • best interests of the child: means the sum total of the following factors to be considered, evaluated, and determined by the court to be applied to give the adoptee permanence at the earliest possible date:

    (i) The love, affection, and other emotional ties existing between the adopting individual or individuals and the adoptee or, in the case of a hearing under section 39 of this chapter, the putative father and the adoptee. See Michigan Laws 710.22

  • 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 whom the court has determined to be a child born during a marriage but not the issue of that marriage. See Michigan Laws 710.22
  • buyer: means a person who buys goods and services, or services from a contractor pursuant to a home improvement installment contract, or goods and services from a contractor pursuant to a home improvement charge agreement. See Michigan Laws 445.1102
  • Cash price: means the cash sales price stated in a home improvement installment contract, or the cash sales price of goods and services that are the subject of a home improvement charge sale, for which the contractor would sell or furnish to the buyer and the buyer would buy or obtain from the contractor the goods and services which are the subject of the contract or home improvement charge sale, if the sale were a sale for cash, instead of a home improvement installment sale or home improvement charge sale, and may include any taxes. See Michigan Laws 445.1102
  • Central adoption registry: means the registry established by the department under section 27b of this chapter to control the release of identifying adoption information. See Michigan Laws 710.22
  • Child: means an individual less than 18 years of age. See Michigan Laws 710.22
  • Child custody proceeding: includes , but is not limited to, 1 or more of the following:

    (i) Foster care placement. See Michigan Laws 712B.3

  • Child placing agency: means a private organization licensed under 1973 PA 116, MCL 722. See Michigan Laws 710.22
  • Child placing agency: means that term as defined in section 1 of 1973 PA 116, MCL 722. See Michigan Laws 712.1
  • Civil infraction: means that term as defined in section 113 of the revised judicature act of 1961, 1961 PA 236, MCL 600. See Michigan Laws 712A.1
  • Collateral: means real or personal property subject to a pledge, security interest, mortgage, encumbrance, judgment, or other lien which secures the performance of an obligation of the buyer, or a surety or guarantor for the buyer, under a home improvement installment contract or any extension, deferment, renewal, or other revision thereof. See Michigan Laws 445.1102
  • Competency evaluation: means a court-ordered examination of a juvenile directed to developing information relevant to a determination of his or her competency to proceed at a particular stage of a court proceeding involving a juvenile who is the subject of a delinquency petition. See Michigan Laws 712A.1
  • Consent: means a document in which all parental rights over a specific child are voluntarily relinquished to the court for placement with a specific adoptive parent. See Michigan Laws 710.22
  • contract: means an agreement covering a home improvement installment sale, whether contained in 1 or more documents, together with any accompanying promissory note or other evidence of indebtedness, pursuant to which the buyer promises to pay in installments all or any part of the time sale price or prices of goods and services, or services. See Michigan Laws 445.1102
  • contractor: means a person who sells goods and services, or agrees to furnish or render services, to a retail buyer pursuant to a home improvement installment contract, or sells goods and services to a retail buyer pursuant to a home improvement charge agreement, but not in connection with construction of new homes. See Michigan Laws 445.1102
  • 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 of this state, or if the context requires, the court having jurisdiction over adoption in another state or country. See Michigan Laws 710.22
  • Court: means the family division of circuit court. See Michigan Laws 712.1
  • Court: means the family division of circuit court. See Michigan Laws 712A.1
  • Court: means the family division of circuit court or the probate court. See Michigan Laws 712B.3
  • Culturally appropriate services: means services that enhance an Indian child's and family's relationship to, identification, and connection with the Indian child's tribe. See Michigan Laws 712B.3
  • Department: means the family independence agency. See Michigan Laws 710.22
  • Department: means the department of human services. See Michigan Laws 712.1
  • Department: means the department of health and human services. See Michigan Laws 712A.1
  • Department: means the department of health and human services or a successor department or agency. See Michigan Laws 712B.3
  • Direct placement: means a placement in which a parent or guardian selects an adoptive parent for a child, other than a stepparent or an individual related to the child within the fifth degree by marriage, blood, or adoption, and transfers physical custody of the child to the prospective adoptive parent. See Michigan Laws 710.22
  • Domestic violence: means that term as defined in section 1 of 1978 PA 389, MCL 400. See Michigan Laws 712.1
  • Down payment: means the amounts paid in money and in goods to the home improvement contractor and allowances given by the home improvement contractor to the buyer prior to or contemporaneous with the execution of a home improvement installment contract. See Michigan Laws 445.1102
  • Emergency service provider: means a uniformed or otherwise identified employee or contractor of a fire department, hospital, or police station when that individual is inside the premises and on duty. See Michigan Laws 712.1
  • Extended family members: means that term as defined by the law or custom of the Indian child's tribe or, in the absence of that law or custom, means a person who has reached the age of 18 and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent and includes the term "relative" as that term is defined in section 13a(j) of chapter XIIA. See Michigan Laws 712B.3
  • family independence agency: means the department of health and human services. See Michigan Laws 712A.1
  • Financing agency: means a person other than a home improvement contractor engaged, directly or indirectly, as principal, agent, or broker in the business of purchasing, acquiring, financing, soliciting, or arranging for the financing or acquisition of home improvement installment contracts or home improvement charge agreements or any obligation in connection therewith. See Michigan Laws 445.1102
  • Fire department: means an organized fire department as that term is defined in section 1 of the fire prevention code, 1941 PA 207, MCL 29. See Michigan Laws 712.1
  • 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 324.51503c
  • Foreign protection order: means that term as defined in section 2950h of the revised judicature act of 1961, 1961 PA 236, MCL 600. See Michigan Laws 712A.1
  • Formal placement: means a placement that is approved by the court under section 51 of this chapter. See Michigan Laws 710.22
  • Goods: means chattels which are furnished or used in the modernization, rehabilitation, repair, alteration, or improvement of real property, but not in the construction of new homes. See Michigan Laws 445.1102
  • Gross negligence: means conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results. See Michigan Laws 712.1
  • Guardian: means a person who has qualified as a guardian of a minor under a parental or spousal nomination or a court order issued under section 19a or 19c of chapter XIIA, section 5204 or 5205 of the estates and protected individuals code, 1998 PA 386, MCL 700. See Michigan Laws 712B.3
  • Guardian ad litem: means an individual whom the court appoints to assist the court in determining the child's best interests. See Michigan Laws 712B.3
  • Holder: means a person, including a contractor, currently entitled to the rights of a contractor under a home improvement installment contract or home improvement charge agreement. See Michigan Laws 445.1102
  • Home improvement charge sale: means the sale of goods and furnishing of services by a contractor to a retail buyer pursuant to a home improvement charge agreement and as to which sale the cash price is stated to be in excess of $300. See Michigan Laws 445.1102
  • Hospital: means a hospital that is licensed under article 17 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 712.1
  • Incompetent to proceed: means that a juvenile, based on age-appropriate norms, lacks a reasonable degree of rational and factual understanding of the proceeding or is unable to do 1 or more of the following:

    (i) Consult with and assist his or her attorney in preparing his or her defense in a meaningful manner. See Michigan Laws 712A.1

  • Indian: means any member of any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the secretary because of their status as Indians, including any Alaska native village as defined in section 1602(c) of the Alaska native claims settlement act, 43 USC 1602. See Michigan Laws 712B.3
  • Indian child: means an unmarried person who is under the age of 18 and is either of the following:

    (i) A member of an Indian tribe. See Michigan Laws 712B.3

  • Indian child welfare act: means the Indian child welfare act of 1978, 25 USC 1901 to 1963. See Michigan Laws 712B.3
  • Indian custodian: means any Indian person who has custody of an Indian child under tribal law or custom or under state law or to whom temporary physical care, custody, and control have been transferred by the Indian child's parent. See Michigan Laws 712B.3
  • Indian organization: means any group, association, partnership, corporation, or other legal entity owned or controlled by Indians, or a majority of whose members are Indians. See Michigan Laws 712B.3
  • 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
  • Lawyer-guardian ad litem: means an attorney appointed under section 2 of this chapter. See Michigan Laws 712.1
  • Lawyer-guardian ad litem: means an attorney appointed under section 21 of this chapter. See Michigan Laws 712B.3
  • Least restrictive environment: means a supervised community placement, preferably a placement with the juvenile's parent, guardian, relative, or a facility or conditions of treatment that is a residential or institutional placement only utilized as a last resort based on the best interest of the juvenile or for reasons of public safety. 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
  • MCI: means the Michigan children's institute created and established by 1935 PA 220, MCL 400. See Michigan Laws 712A.1
  • Mental health code: means the mental health code, 1974 PA 258, MCL 330. See Michigan Laws 712A.1
  • Newborn: means a child who a physician reasonably believes to be not more than 72 hours old. See Michigan Laws 712.1
  • Official fees: means the fees required by law to be paid to the appropriate public officer for obtaining any permit or filing or recording or releasing any judgment, mortgage, or other lien or perfecting any security interest taken or reserved as security in connection with a home improvement installment contract. See Michigan Laws 445.1102
  • Parent: means any biological parent or parents of an Indian child or any person who has lawfully adopted an Indian child, including adoptions under tribal law or custom. See Michigan Laws 712B.3
  • Person: means an individual, partnership, association, business corporation, banking institution, nonprofit corporation, common law trust, joint stock company, or any other group of individuals, however organized. See Michigan Laws 445.1102
  • Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 710.22
  • Personal protection order: means a personal protection order issued under section 2950 or 2950a of the revised judicature act of 1961, 1961 PA 236, MCL 600. See Michigan Laws 712A.1
  • Police station: means that term as defined in section 43 of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 712.1
  • Preplacement assessment: means an assessment of a prospective adoptive parent as described in section 23f of chapter X. See Michigan Laws 712.1
  • Principal amount financed: means the cash price of the goods and services which are the subject matter of the home improvement installment sale minus the amount of the buyer's down payment, plus the amounts, if any, included for insurance and official fees. See Michigan Laws 445.1102
  • Qualified juvenile forensic mental health examiner: means 1 of the following who performs forensic mental health examinations for the purposes of sections 1062 to 1074 of the mental health code but does not exceed the scope of his or her practice as authorized by state law:

    (i) A psychiatrist or psychologist who possesses experience or training in the following:

    (A) Forensic evaluation procedures for juveniles. See Michigan Laws 712A.1

  • Qualified restoration provider: means an individual who the court determines, as a result of the opinion provided by the qualified forensic mental health examiner, has the skills and training necessary to provide restoration services. See Michigan Laws 712A.1
  • Reasonable and prudent parenting standard: means decisions characterized by careful and sensible parental decisions that maintain a child's health, safety, and best interest while encouraging the emotional and developmental growth of the child when determining whether to allow a child in foster care to participate in extracurricular, enrichment, cultural, and social activities. See Michigan Laws 712A.1
  • Relative: means an individual who is related to the child within the fifth degree by marriage, blood, or adoption. See Michigan Laws 710.22
  • Release: means a document in which all parental rights over a specific child are voluntarily relinquished to the department or to a child placing agency. See Michigan Laws 710.22
  • Rescission petition: means a petition filed by an adult adoptee and his or her parent whose rights have been terminated to rescind the adoption in which a stepparent acquired parental rights and to restore parental rights of that parent according to section 66 of this chapter. See Michigan Laws 710.22
  • Reservation: means Indian country as defined in 18 USC 1151 and any lands, not covered under that section, title to which is either held by the United States in trust for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to a restriction by the United States against alienation. See Michigan Laws 712B.3
  • Restoration: means the process by which education or treatment of a juvenile results in that juvenile becoming competent to proceed. See Michigan Laws 712A.1
  • sale: means the sale of goods and furnishing of services or the furnishing of services by a contractor to a retail buyer pursuant to a home improvement installment contract in which the cash price is stated to be in excess of $300. See Michigan Laws 445.1102
  • Secretary: means the Secretary of the Interior. See Michigan Laws 712B.3
  • Serious misdemeanor: means that term as defined in section 61 of the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780. See Michigan Laws 712A.1
  • Services: means work, labor, and services furnished in connection with the installation or application of goods. See Michigan Laws 445.1102
  • Suitable to be a parent of an adoptee: means a conclusion that there is no specific concern with respect to an individual that would suggest that placement of any child, or a particular child, in the home of the individual would pose a risk of harm to the physical or psychological well-being of the child. See Michigan Laws 710.22
  • Surrender: means to leave a newborn with an emergency service provider without expressing an intent to return for the newborn. See Michigan Laws 712.1
  • Temporary placement: means a placement that occurs before court approval under section 51 of this chapter and that meets the requirements of section 23d of this chapter. See Michigan Laws 710.22
  • Time balance: means the sum of the principal amount financed and the finance charge. See Michigan Laws 445.1102
  • Time sale price: means the total of the cash price of the goods and services or services, the finance charge, and the amounts, if any, included for insurance premiums and official fees. See Michigan Laws 445.1102
  • to place: means selection of an adoptive parent for a child and transfer of physical custody of the child to a prospective adoptive parent according to this chapter. See Michigan Laws 710.22
  • Tribal court: means a court with jurisdiction over child custody proceedings that is either a court of Indian offenses, a court established and operated under the code or custom of an Indian tribe, or any other administrative body of a tribe that is vested with authority over child custody proceedings. See Michigan Laws 712B.3
  • tribe: means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the secretary because of their status as Indians, including any Alaska native village as defined in section 1602(c) of the Alaska native claims settlement act, 43 USC 1602. See Michigan Laws 712B.3
  • Valid foreign protection order: means a foreign protection order that satisfies the conditions for validity provided in section 2950i of the revised judicature act of 1961, 1961 PA 236, MCL 600. See Michigan Laws 712A.1