ESTATES AND PROTECTED INDIVIDUALS CODE
Act 386 of 1998
700.5207 Review of guardianship of minor.
Sec. 5207.
(1) The court may review a guardianship for a minor as it considers necessary and shall review a guardianship annually if the minor is under 6 years of age. In conducting the review, the court shall consider all of the following factors:
(a) The parent's and guardian's compliance with either of the following, as applicable:
(i) A limited guardianship placement plan.
(ii) A court-structured plan under subsection (3)(b)(ii)(B) or section 5209(2)(b)(ii).
(b) Whether the guardian has adequately provided for the minor's welfare.
(c) The necessity of continuing the guardianship.
(d) The guardian's willingness and ability to continue to provide for the minor's welfare.
(e) The effect upon the minor's welfare if the guardianship is continued.
(f) Any other factor that the court considers relevant to the minor's welfare.
(2) The court may order the family independence agency or a court employee or agent to conduct an investigation and file a written report of the investigation regarding the factors listed in subsection (1).
(3) Upon completion of a guardianship review, the court may do either of the following:
(a) Continue the guardianship.
(b) Schedule and conduct a hearing on the guardianship's status and do any of the following:
(i) If the guardianship is a limited guardianship, do either of the following:
(A) Continue the limited guardianship.
(B) Order the parties to modify the limited guardianship placement plan as a condition to continuing the limited guardianship.
(ii) If the guardianship was established under section 5204, do either of the following:
(A) Continue the guardianship.
(B) Order the parties to follow a court-structured plan designed to resolve the conditions identified at the review hearing.
(iii) Take an action described in section 5209(2).
History: 1998, Act 386, Eff. Apr. 1, 2000
PopularName Notes:
EPIC
Notes of Decisions
Cited in
6
cases (
5 in the last 5 years), 2005–2024 · leading case:
In Re Bz, 690 N.W.2d 505 (Mich. Ct. App. 2005).
In Re Bz, 690 N.W.2d 505 (Mich. Ct. App. 2005).
“(4) Whose parent has substantially failed, without good cause, to comply with a court-structured plan described in section 5207 or 5209 of the estates and protected individuals code, 1998 PA 386 , MCL 700.5207 and 700.5209, regarding the juvenile.”
20221215_C362398_40_362398.Opn.Ord.Pdf (Mich. Ct. App. 2022).
· cites it 7× “” The order stated that “[i]t appears to the court that a review/investigation of this guardianship is required” and tasked the DHHS in Montcalm County with a review of the factors under MCL 700.5207(1), which provides: The court may review a guardianship for a minor as it…”
in Re Guardianship of Orta Minor (Mich. 2021).
· cites it 2× “” MCL 700.5207(1). At the end of a review, the court can continue the guardianship or terminate it after notice and a hearing.”
In Re Guardianship of Adw (Mich. Ct. App. 2024).
· cites it 2× “” MCL 700.5207(1)(b). A court-appointed guardian has a duty to “facilitate the ward’s education and social or other activities,” MCL 700.”
In Re Guardianship of Ac (Mich. Ct. App. 2024).
“The trial court may consider termination of a guardianship following a review hearing, see MCL 700.5207(3)(b)(iii), or it may consider termination following notice and a hearing on a petition to terminate the guardianship, see MCL 700.”
— Mich. Comp. Laws § 700.5207(1) — 2 cases
20221215_C362398_40_362398.Opn.Ord.Pdf (Mich. Ct. App. 2022).
“” The order stated that “[i]t appears to the court that a review/investigation of this guardianship is required” and tasked the DHHS in Montcalm County with a review of the factors under MCL 700.5207(1), which provides: The court may review a guardianship for a minor as it…”
in Re Guardianship of Orta Minor (Mich. 2021).
“” MCL 700.5207(1). At the end of a review, the court can continue the guardianship or terminate it after notice and a hearing.”
— Mich. Comp. Laws § 700.5207(1)(a) — 1 case
20221215_C362398_40_362398.Opn.Ord.Pdf (Mich. Ct. App. 2022).
“” The order stated that “[i]t appears to the court that a review/investigation of this guardianship is required” and tasked the DHHS in Montcalm County with a review of the factors under MCL 700.5207(1), which provides: The court may review a guardianship for a minor as it…”
— Mich. Comp. Laws § 700.5207(1)(b) — 1 case
In Re Guardianship of Adw (Mich. Ct. App. 2024).
“” MCL 700.5207(1)(b). A court-appointed guardian has a duty to “facilitate the ward’s education and social or other activities,” MCL 700.”
— Mich. Comp. Laws § 700.5207(2) — 1 case
20221215_C362398_40_362398.Opn.Ord.Pdf (Mich. Ct. App. 2022).
“” The order stated that “[i]t appears to the court that a review/investigation of this guardianship is required” and tasked the DHHS in Montcalm County with a review of the factors under MCL 700.5207(1), which provides: The court may review a guardianship for a minor as it…”
— Mich. Comp. Laws § 700.5207(3)(a) — 1 case
in Re Guardianship of Orta Minor (Mich. 2021).
“” MCL 700.5207(1). At the end of a review, the court can continue the guardianship or terminate it after notice and a hearing.”
— Mich. Comp. Laws § 700.5207(3)(b) — 1 case
20221215_C362398_40_362398.Opn.Ord.Pdf (Mich. Ct. App. 2022).
“” The order stated that “[i]t appears to the court that a review/investigation of this guardianship is required” and tasked the DHHS in Montcalm County with a review of the factors under MCL 700.5207(1), which provides: The court may review a guardianship for a minor as it…”
— Mich. Comp. Laws § 700.5207(3)(b)(ii)(B) — 1 case
In Re Guardianship of Adw (Mich. Ct. App. 2024).
“” MCL 700.5207(1)(b). A court-appointed guardian has a duty to “facilitate the ward’s education and social or other activities,” MCL 700.”
— Mich. Comp. Laws § 700.5207(3)(b)(iii) — 2 cases
20221215_C362398_40_362398.Opn.Ord.Pdf (Mich. Ct. App. 2022).
“” The order stated that “[i]t appears to the court that a review/investigation of this guardianship is required” and tasked the DHHS in Montcalm County with a review of the factors under MCL 700.5207(1), which provides: The court may review a guardianship for a minor as it…”
In Re Guardianship of Ac (Mich. Ct. App. 2024).
“The trial court may consider termination of a guardianship following a review hearing, see MCL 700.5207(3)(b)(iii), or it may consider termination following notice and a hearing on a petition to terminate the guardianship, see MCL 700.”
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