PROBATE CODE OF 1939
Act 288 of 1939
712.5 Transfer of newborn to hospital; physician report of abuse, neglect, or child not a newborn; notice to child placing agency.
Sec. 5.
(1) An emergency service provider that is not a hospital and that takes a newborn into temporary protective custody under section 3 of this chapter shall transfer the newborn to a hospital. The hospital shall accept a newborn who an emergency service provider transfers to the hospital in compliance with this chapter, taking the newborn into temporary protective custody.
(2) A hospital that takes a newborn into temporary protective custody under this chapter shall have the newborn examined by a physician. If a physician who examines the newborn either determines that there is reason to suspect the newborn has experienced child abuse or child neglect, other than being surrendered to an emergency service provider under section 3 of this chapter, or comes to a reasonable belief that the child is not a newborn, the physician shall immediately report to the department as required by section 3 of the child protection law, 1975 PA 238, MCL 722.623.
(3) If a physician is not required to report to the department as provided in subsection (2), the hospital shall notify a child placing agency that the hospital has taken a newborn into temporary protective custody under this chapter.
History: Add. 2000 Act 232, Eff. Jan. 1, 2001
Compiler's Notes:
Enacting section 1 of Act 232 of 2000 provides:
“Enacting section 1. Section 19b of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.19b, as amended by this amendatory act, and chapter XII of the probate code of 1939, 1939 PA 288, as added by this amendatory act, do not apply to a proceeding that arises before the effective date of this amendatory act.”
PopularName Notes:
Baby Abandonment
PopularName Notes:
Baby Drop Off
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 2018–2021 · leading case:
In re Minors, 912 N.W.2d 872 (Mich. Ct. App. 2018).
In re Minors, 912 N.W.2d 872 (Mich. Ct. App. 2018).
“MCL 712.5(1). The hospital must notify a child-placing agency about the surrender, and the child-placing agency has various obligations, including making "reasonable efforts to identify, locate, and provide notice of the surrender of the newborn to the nonsurrendering parent"…”
in Re Miller Minors (Mich. Ct. App. 2018).
“MCL 712.5(1). The hospital then notifies a child placement agency about the surrender, and the child placement agency has various obligations, including 1 Effective January 18, 2018, a birth certificate for a newborn surrendered under the Safe Delivery of Newborns Law must list…”
in Re Miller Minors (Mich. Ct. App. 2018).
“MCL 712.5(1). The hospital then notifies a child placement agency about the surrender, and the child placement agency has various obligations, including 1 Effective January 18, 2018, a birth certificate for a newborn surrendered under the Safe Delivery of Newborns Law must list…”
in Re Baby Boy Doe (Mich. Ct. App. 2021).
“MCL 712.5(1). The hospital must notify a child-placing agency about the surrender, and the child-placing agency has various obligations, including making “reasonable efforts to identify, locate, and provide notice of the surrender of the newborn to the nonsurrendering parent”…”
— Mich. Comp. Laws § 712.5(1) — 4 cases
In re Minors, 912 N.W.2d 872 (Mich. Ct. App. 2018).
“MCL 712.5(1). The hospital must notify a child-placing agency about the surrender, and the child-placing agency has various obligations, including making "reasonable efforts to identify, locate, and provide notice of the surrender of the newborn to the nonsurrendering parent"…”
in Re Miller Minors (Mich. Ct. App. 2018).
“MCL 712.5(1). The hospital then notifies a child placement agency about the surrender, and the child placement agency has various obligations, including 1 Effective January 18, 2018, a birth certificate for a newborn surrendered under the Safe Delivery of Newborns Law must list…”
in Re Miller Minors (Mich. Ct. App. 2018).
“MCL 712.5(1). The hospital then notifies a child placement agency about the surrender, and the child placement agency has various obligations, including 1 Effective January 18, 2018, a birth certificate for a newborn surrendered under the Safe Delivery of Newborns Law must list…”
in Re Baby Boy Doe (Mich. Ct. App. 2021).
“MCL 712.5(1). The hospital must notify a child-placing agency about the surrender, and the child-placing agency has various obligations, including making “reasonable efforts to identify, locate, and provide notice of the surrender of the newborn to the nonsurrendering parent”…”
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