MICHIGAN CHILDREN'S INSTITUTE
Act 220 of 1935
400.209 Committed children; adoption, marriage, guardianship, or emancipation; consent by superintendent; authorization to allow child to hunt game; preliminary consent denial review process.
Sec. 9.
(1) The superintendent of the institute or his or her designee is authorized to consent to the adoption, marriage, guardianship, or emancipation of any child who may have been committed to the institute, according to the laws for the adoption, marriage, guardianship as provided in section 19c of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.19c, or emancipation of minors. On such adoption, marriage, guardianship, or emancipation, the child so adopted, married, or emancipated or who has had a guardian appointed under section 19c of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.19c, shall cease to be a ward of the state.
(2) The superintendent of the institute or his or her designee is authorized to allow a child who has been committed to the institute to hunt game as provided in sections 43517 and 43520 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.43517 and 324.43520.
(3) The department shall discontinue the Michigan children's institute preliminary consent denial review process.
History: 1935, Act 220, Imd. Eff. June 8, 1935 ;-- Am. 1944, 1st Ex. Sess., Act 8, Imd. Eff. Feb. 19, 1944 ;-- CL 1948, 400.209 ;-- Am. 1955, Act 220, Eff. Oct. 14, 1955 ;-- Am. 2004, Act 470, Imd. Eff. Dec. 28, 2004 ;-- Am. 2011, Act 30, Imd. Eff. May 24, 2011 ;-- Am. 2012, Act 250, Imd. Eff. July 2, 2012
Notes of Decisions
Cited in
16
cases (
3 in the last 5 years), 1979–2025 · leading case:
In re ASF, 876 N.W.2d 253 (Mich. Ct. App. 2015).
In re ASF, 876 N.W.2d 253 (Mich. Ct. App. 2015).
“The superintendent’s specific authority to consent to the adoption of a child is set forth in MCL 400.209(1). On appeal, the MCI challenges this Court’s jurisdiction over the case.”
In re Keast, 278 Mich. App. 415 (Mich. Ct. App. 2008).
“MCL 400.209. Consent by the superintendent to the adoption of a state ward is required before the family court can approve a prospective adoption.”
Doe v. Boyle, 877 N.W.2d 918 (Mich. Ct. App. 2015).
“208 or MCL 400.209] or if the child is at least 18 years of age but less than 21 years of age and is participating in extended foster care services as described in section 11 of the young adult voluntary foster care act.”
In the Matter of Griffin, 277 N.W.2d 179 (Mich. Ct. App. 1979).
“Furthermore, MCL 400.209; MSA 25.389 authorizes the superintendent of the MCI "to consent to the adoption * * * of any child who may have been committed to said institute, pursuant to the laws for the adoption * * * of minors”.”
In Re Keast, 750 N.W.2d 643 (Mich. Ct. App. 2008).
“MCL 400.209. Consent by the superintendent to the adoption of a state ward is required before the family court can approve a prospective adoption.”
in Re Williams Minors (Mich. Ct. App. 2017).
· cites it 2× “203(2) and MCL 400.209; see also MCL 710.43(1)(e) (consent to adoption shall be executed by the guardian of a child).”
in Re Jsf Minor (Mich. Ct. App. 2015).
· cites it 2× “203, MCL 400.209, and MCL 710.45, the adoption decision was made by William Johnson in his role as the superintendent of the Michigan Children’s Institute.”
in Re Wjh, Amh Minors (Mich. Ct. App. 2018).
“MCL 400.209. Indeed, “consent by the superintendent to the adoption of a state ward is required before the family court can approve a prospective adoption.”
in Re Rc Minor (Mich. Ct. App. 2019).
“MCL 400.209. Indeed, “[c]onsent by the superintendent to the adoption of a state ward is required before the family court can approve a prospective adoption.”
in Re Jbv Minor (Mich. Ct. App. 2019).
“of any child who may have been committed to the institute,” MCL 400.209(1). “Consent by the superintendent to the adoption of a state ward is required before the family court can approve a prospective adoption.”
20240222_C366087_50_366087.Opn.Pdf (Mich. Ct. App. 2024).
“MCL 400.209. Consent by the superintendent to the adoption of a state ward is required before the family court can approve a prospective adoption.”
In Re Jcr ii/jcr/jcr/jcr (Mich. Ct. App. 2024).
“” In re Keast, 278 Mich App at 423 , citing MCL 400.209. Under MCL 710.45, “a family court’s review of the superintendent’s decision to withhold consent to adopt a state ward is limited to determining whether the adoption petitioner has established clear and convincing evidence…”
— Mich. Comp. Laws § 400.209(1) — 5 cases
In re ASF, 876 N.W.2d 253 (Mich. Ct. App. 2015).
“The superintendent’s specific authority to consent to the adoption of a child is set forth in MCL 400.209(1). On appeal, the MCI challenges this Court’s jurisdiction over the case.”
in Re Jbv Minor (Mich. Ct. App. 2019).
“of any child who may have been committed to the institute,” MCL 400.209(1). “Consent by the superintendent to the adoption of a state ward is required before the family court can approve a prospective adoption.”
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