PROBATE CODE OF 1939
Act 288 of 1939
712A.12 Examination of child; hearing; summons.
Sec. 12.
After a petition shall have been filed and after such further investigation as the court may direct, in the course of which the court may order the child to be examined by a physician, dentist, psychologist or psychiatrist, the court may dismiss said petition or may issue a summons reciting briefly the substance of the petition, and requiring the person or persons who have the custody or control of the child, or with whom the child may be, to appear personally and bring the child before the court at a time and place stated: Provided, That the court in its discretion may excuse but not restrict children from attending the hearing. If the person so summoned shall be other than the parent or guardian of the child, then the parents or guardian, or both, shall also be notified of the petition and of the time and place appointed for the hearing thereon, by personal service before the hearing, except as hereinafter provided. Summons may be issued requiring the appearance of any other person whose presence, in the opinion of the judge, is necessary.
Any interested party who shall voluntarily appear in said proceedings, may, by writing, waive service of process or notice of hearing.
History: Add. 1944, 1st Ex. Sess., Act 54, Imd. Eff. Mar. 6, 1944 ;-- CL 1948, 712A.12
FormerLaw Notes:
See section 17 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
43
cases (
8 in the last 5 years), 1958–2026 · 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 2× “31 MCL 712A.12; see also MCR 5.920. 32 See In re Mayfield, 198 Mich App 226, 231 ; 497 NW2d 578 (1993).”
In re Terry, 610 N.W.2d 563 (Mich. Ct. App. 2000).
· cites it 2× “*21 A failure to provide notice of a termination proceeding hearing by personal service as required by statute, MCL 712A.12; MSA 27.3178(598.12), is a jurisdictional defect that renders all proceedings in the family court void.”
In Re Brown, 386 N.W.2d 577 (Mich. Ct. App. 1986).
· cites it 4× “This argument is based in part on MCL 712A.12; MSA 27.3178(598.12), which provides: "After a petition shall have been filed and after such further investigation as the court may direct, in the course of which the court may order the child to be examined by a physician, dentist,…”
In the Matter of LaFlure, 210 N.W.2d 482 (Mich. Ct. App. 1973).
· cites it 3× “MCLA 712A.12; MSA 27.3178(598.12). Should it then be determined that the child is within the provision of chapter 12A, the probate court may order such disposition as seems appropriate.”
In Re Terry, 610 N.W.2d 563 (Mich. Ct. App. 2000).
· cites it 2× “§ 712A.12; MSA 27.3178(598.12), is a jurisdictional defect that renders all proceedings in the family court void.”
In Re Slis, 375 N.W.2d 788 (Mich. Ct. App. 1985).
· cites it 3× “11); MCL 712A.12; MSA 27.3178(598.12); and MCL 712A.”
In re Dearmon, 303 Mich. App. 684 (Mich. Ct. App. 2014).
“MCL 712A.12. “[Statutes requiring service of notice to parents must be strictly construed.”
In Re Mayfield, 497 N.W.2d 578 (Mich. Ct. App. 1993).
· cites it 3× “MCL 712A.12; MSA 27.3178(598.12); MCL 712A.”
In Re Gillespie, 496 N.W.2d 309 (Mich. Ct. App. 1992).
· cites it 2× “This appeal followed. Respondent does not allege that the court did not acquire jurisdiction over the subject matter, the child, but rather, that the court failed to acquire personal jurisdiction over him, as required by MCL 712A.”
In Re Weldon, 244 N.W.2d 827 (Mich. 1976).
“" MCLA 712A.12; MSA 27.3178(598.12). [8] Maria was given certain inoculations by the pediatrician.”
In the Matter of Wilson, 317 N.W.2d 309 (Mich. Ct. App. 1982).
· cites it 2× “MCL 712A.12; MSA 27.3178(598.12), JCR 1969, 7.”
In re SZ, 686 N.W.2d 520 (Mich. Ct. App. 2004).
“MCL 712A.12; *565 MCR 3.920(B)(4)(a). 3 However, in cases in which personal service is impracticable, substituted service is permissible.”
— Mich. Comp. Laws § 712A.12(B) — 1 case
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