PROBATE CODE OF 1939
Act 288 of 1939
712.7 Duties of child placing agency.
Sec. 7.
Upon receipt of notice from a hospital under section 5 of this chapter, the child placing agency shall do all of the following:
(a) Immediately assume the care, control, and temporary protective custody of the newborn.
(b) If a parent is known and willing, immediately meet with the parent.
(c) Unless otherwise provided in this subdivision, make a temporary placement of the newborn with a prospective adoptive parent who has an approved preplacement assessment. If a petition for custody is filed under section 10 of this chapter, the child placing agency may make a temporary placement of the newborn with a licensed foster parent.
(d) Unless the birth was witnessed by the emergency service provider, immediately request assistance from law enforcement officials to investigate and determine, through the missing children information clearinghouse, the national center for missing and exploited children, and any other national and state resources, whether the newborn is a missing child.
(e) Not later than 48 hours after a transfer of physical custody to a prospective adoptive parent, petition the court in the county in which the prospective adoptive parent resides to provide authority to place the newborn and provide care for the newborn. The petition shall include all of the following:
(i) The date of the transfer of physical custody.
(ii) The name and address of the emergency service provider to whom the newborn was surrendered.
(iii) Any information, either written or verbal, that was provided by and to the parent who surrendered the newborn. The emergency service provider that originally accepted the newborn as required by section 3 of this chapter shall provide this information to the child placing agency.
(f) Within 28 days, make reasonable efforts to identify, locate, and provide notice of the surrender of the newborn to the nonsurrendering parent. The child placing agency shall file a written report with the court that issued the order placing the child. The report shall state the efforts the child placing agency made in attempting to identify and locate the nonsurrendering parent and the results of those efforts. If the identity and address of the nonsurrendering parent are unknown, the child placing agency shall provide notice of the surrender of the newborn by publication in a newspaper of general circulation in the county where the newborn was surrendered.
History: Add. 2000 Act 232, Eff. Jan. 1, 2001 ;-- Am. 2006, Act 488, Eff. Jan. 1, 2007
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
6
cases (
3 in the last 5 years), 2018–2022 · 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).
· cites it 2× “" MCL 712.7(f). *503 Either the surrendering parent, within 28 days of surrender, or the nonsurrendering parent, within 28 days of published notice of surrender, may file a petition to gain custody of the child.”
in Re Baby Boy Doe (Mich. Ct. App. 2021).
· cites it 5× “However, we believe it important to note our disagreement with the Kalamazoo court’s apparent interpretation of MCL 712.7 as providing that publication of a notice, for one day, which merely generically states the newborn’s date of delivery and hospital location, in a newspaper…”
Od in Re Baby Boy Doe (Mich. Ct. App. 2022).
· cites it 5× “We also noted that, although petitioner’s counsel had attempted—in the trial court—to raise the issue of the constitutionality of the SDNL, the trial court made clear that it would not address that argument, informing counsel that he was “barking up the wrong tree for an…”
in Re Baby Boy Doe (Mich. Ct. App. 2021).
· cites it 4× “See MCL 712.7(c), MCL 712.10(3), MCL 712.11(1), MCL 712.”
in Re Miller Minors (Mich. Ct. App. 2018).
· cites it 2× “” MCL 712.7(f). Either the surrendering parent or the nonsurrendering parent may file a petition to gain custody of the child within 28 days of surrender and published notice of surrender, respectively.”
in Re Miller Minors (Mich. Ct. App. 2018).
· cites it 2× “” MCL 712.7(f). Either the surrendering parent or the nonsurrendering parent may file a petition to gain custody of the child within 28 days of surrender and published notice of surrender, respectively.”
— Mich. Comp. Laws § 712.7(c) — 1 case
in Re Baby Boy Doe (Mich. Ct. App. 2021).
“See MCL 712.7(c), MCL 712.10(3), MCL 712.11(1), MCL 712.”
— Mich. Comp. Laws § 712.7(e) — 1 case
in Re Baby Boy Doe (Mich. Ct. App. 2021).
“See MCL 712.7(c), MCL 712.10(3), MCL 712.11(1), MCL 712.”
— Mich. Comp. Laws § 712.7(f) — 6 cases
In re Minors, 912 N.W.2d 872 (Mich. Ct. App. 2018).
“" MCL 712.7(f). *503 Either the surrendering parent, within 28 days of surrender, or the nonsurrendering parent, within 28 days of published notice of surrender, may file a petition to gain custody of the child.”
in Re Baby Boy Doe (Mich. Ct. App. 2021).
“However, we believe it important to note our disagreement with the Kalamazoo court’s apparent interpretation of MCL 712.7 as providing that publication of a notice, for one day, which merely generically states the newborn’s date of delivery and hospital location, in a newspaper…”
Od in Re Baby Boy Doe (Mich. Ct. App. 2022).
“We also noted that, although petitioner’s counsel had attempted—in the trial court—to raise the issue of the constitutionality of the SDNL, the trial court made clear that it would not address that argument, informing counsel that he was “barking up the wrong tree for an…”
in Re Miller Minors (Mich. Ct. App. 2018).
“” MCL 712.7(f). Either the surrendering parent or the nonsurrendering parent may file a petition to gain custody of the child within 28 days of surrender and published notice of surrender, respectively.”
in Re Miller Minors (Mich. Ct. App. 2018).
“” MCL 712.7(f). Either the surrendering parent or the nonsurrendering parent may file a petition to gain custody of the child within 28 days of surrender and published notice of surrender, respectively.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.