PROBATE CODE OF 1939
Act 288 of 1939
712A.10 Designation of probation officer or county agent as referee; duties of referee.
Sec. 10.
(1) Except as otherwise provided in subsection (2) and sections 14, 14a, and 14b of this chapter, the judge may designate a probation officer or county agent to act as referee in taking the testimony of witnesses and hearing the statements of parties upon the hearing of petitions alleging that a child is within the provisions of this chapter, if there is no objection by parties in interest. The probation officer or county agent designated to act as referee shall do all of the following:
(a) Take and subscribe the oath of office provided by the constitution.
(b) Administer oaths and examine witnesses.
(c) If a case requires a hearing and the taking of testimony, make a written signed report to the judge containing a summary of the testimony taken and a recommendation for the court's findings and disposition.
(2) If a child is before the court under section 2(a)(1) of this chapter, a probation officer or county agent who is not licensed to practice law in this state shall not be designated to act as a referee in any hearing for the child, except the preliminary inquiry or preliminary hearing. This subsection does not apply to a probation officer or county agent who has been designated to act as a referee by the judge before January 1, 1988 and who is acting as a referee as of January 1, 1988.
History: Add. 1944, 1st Ex. Sess., Act 54, Imd. Eff. Mar. 6, 1944 ;-- CL 1948, 712A.10 ;-- Am. 1988, Act 92, Eff. June 1, 1988 ;-- Am. 2012, Act 163, Imd. Eff. June 12, 2012
FormerLaw Notes:
See section 11 of Ch. XII of Act 288 of 1939; section 5 of Act 6 of 1907, Ex. Sess.; Act 310 of 1909; Act 164 of 1911; Act 262 of 1911; Act 363 of 1913; Act 308 of 1915; CL 1915, § 2015; Act 24 of 1921, 1st Ex. Sess.; Act 105 of 1923; Act 127 of 1927; and CL 1929, § 12838.
PopularName Notes:
Probate Code
PopularName Notes:
Juvenile Code
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 1985–2026 · leading case:
In Re Amb, 640 N.W.2d 262 (Mich. Ct. App. 2002).
In Re Amb, 640 N.W.2d 262 (Mich. Ct. App. 2002).
· cites it 4× “MCL 712A.10 defines the scope of a hearing referee’s authority, providing in relevant part: (1) Except as otherwise provided in subsection (2), the judge of probate may designate a probation officer or county agent to act as referee in taking the testimony of witnesses and…”
In Re MacOmber, 461 N.W.2d 671 (Mich. 1990).
“MCL 712A.10(1)(c); MSA 27.3178(598.10)(1)(c).”
In Re Jones, 369 N.W.2d 212 (Mich. Ct. App. 1985).
“Respondent finally argues that the referee’s report failed to comply with MCL 712A.10; MSA *215 27.3178(598.10), which requires the referee to "make a written signed report to the judge of probate containing a summary of the testimony taken and a recommendation for the court’s…”
In Re Dornbos Minors (Mich. Ct. App. 2026).
· cites it 3× “Rick 13 In light of our decision to vacate and remand, we do not need to address respondent’s remaining claim, but we take this opportunity to remind the court and the referee that a judge is permitted to designate a referee to take testimony of witnesses and hear the parties’…”
in Re J a E Rodriguez Minor (Mich. Ct. App. 2018).
“Specifically, MCL 712A.10(1) states, in pertinent part, that “the judge may designate a probation officer or county agent to act as referee in taking the testimony of witnesses and hearing the statements of parties upon the hearing of petitions alleging that a child is within…”
— Mich. Comp. Laws § 712A.10(1) — 3 cases
in Re J a E Rodriguez Minor (Mich. Ct. App. 2018).
“Specifically, MCL 712A.10(1) states, in pertinent part, that “the judge may designate a probation officer or county agent to act as referee in taking the testimony of witnesses and hearing the statements of parties upon the hearing of petitions alleging that a child is within…”
In Re Dornbos Minors (Mich. Ct. App. 2026).
“Rick 13 In light of our decision to vacate and remand, we do not need to address respondent’s remaining claim, but we take this opportunity to remind the court and the referee that a judge is permitted to designate a referee to take testimony of witnesses and hear the parties’…”
— Mich. Comp. Laws § 712A.10(1)(c) — 3 cases
In Re Amb, 640 N.W.2d 262 (Mich. Ct. App. 2002).
“MCL 712A.10 defines the scope of a hearing referee’s authority, providing in relevant part: (1) Except as otherwise provided in subsection (2), the judge of probate may designate a probation officer or county agent to act as referee in taking the testimony of witnesses and…”
In Re MacOmber, 461 N.W.2d 671 (Mich. 1990).
“MCL 712A.10(1)(c); MSA 27.3178(598.10)(1)(c).”
In Re Dornbos Minors (Mich. Ct. App. 2026).
“Rick 13 In light of our decision to vacate and remand, we do not need to address respondent’s remaining claim, but we take this opportunity to remind the court and the referee that a judge is permitted to designate a referee to take testimony of witnesses and hear the parties’…”
— Mich. Comp. Laws § 712A.10(l)(c) — 1 case
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