Mich. Comp. Laws » Michigan Compiled Laws / Chapter 712A / Act 288 of 1939
Michigan Compiled Laws

Mich. Comp. Laws § 712A.14b (2026)

Ex parte order authorizing immediate protective custody of child.

✓ current as of July 2026
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PROBATE CODE OF 1939


Act 288 of 1939


712A.14b Ex parte order authorizing immediate protective custody of child.

Sec. 14b.

    (1) Upon receipt electronically or otherwise of a petition or affidavit of facts, a judge or referee may issue a written ex parte order, electronically or otherwise, authorizing the department of human services to immediately take a child into protective custody and place the child pending the preliminary hearing if the court finds all of the following:

    (a) There is reasonable cause to believe that the child is at substantial risk of harm or is in surroundings that present an imminent risk of harm and the child's immediate removal from those surroundings is necessary to protect the child's health and safety.

    (b) The circumstances warrant issuing an ex parte order pending the preliminary hearing.

    (c) Consistent with the circumstances, reasonable efforts were made to prevent or eliminate the need for removal of the child.

    (d) No remedy other than protective custody is reasonably available to protect the child.

    (e) Continuing to reside in the home is contrary to the child's welfare.

    (2) The ex parte order shall be supported by written findings of fact.

History: Add. 2012, Act 163, Imd. Eff. June 12, 2012

PopularName Notes:

Probate Code

PopularName Notes:

Juvenile Code
Notes of Decisions
Cited in 16 cases (9 in the last 5 years), 2014–2026 · leading case: In re Sanders, 852 N.W.2d 524 (Mich. 2014).
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In re Sanders, 852 N.W.2d 524 (Mich. 2014). · cites it 4× “14a(l) (authorizing the immediate removal of a child without a court order “[i]f there is reasonable cause to believe that a child is at substantial risk of harm or is in surroundings that present an imminent risk of harm and the child’s immediate removal from those surroundings…”
Barber v. Miller, 809 F.3d 840 (6th Cir. 2015). “See Mich. Comp. Laws §§ 712A.14b, 722.638. The court issued a protective-custody order; Miller picked J.”
In Re P N Orr Minor (Mich. Ct. App. 2026). · cites it 7× “[MCL 712A.14b(1).] See also MCR 3.963(B). All of the factors authorizing immediate removal of PNO were met.”
Hall v. Bush (W.D. Mich. 2021). · cites it 4× “However, the plain language of Mich. Comp. Laws § 712A.14b says otherwise.”
In Re Robinson Minors (Mich. Ct. App. 2026). · cites it 3× “963(B)(1); see also MCL 712A.14b(1).] Respondent first argues that the trial court erred when it issued the ex parte order without having received a petition or affidavit of facts.”
in Re Sanders Minors (Mich. 2014). · cites it 4× “14a(1) (authorizing the immediate removal of a child without a court order “[i]f there is reasonable cause to believe that a child is at substantial risk of harm or is in surroundings that present an imminent risk of harm and the child’s immediate removal from those surroundings…”
Monty Bauch v. Richland Cty. Child. Servs. (6th Cir. 2018). · cites it 2× “4 The social worker sought a protective custody order pursuant to Mich. Comp. Laws §§ 712A.14b and 722.638.”
in Re I S Jondall Minor (Mich. Ct. App. 2016). “See MCL 712A.14b(1)(c) (stating that the trial court may authorize the Department to take a child into immediate protective custody if, in relevant part, it finds that “[c]onsistent with the circumstances,” the Department made “reasonable efforts .”
in Re W Herzig Minor (Mich. Ct. App. 2016). “Respondent focuses her argument on the language in MCL 712A.14b indicating that an emergency removal pending a preliminary hearing can take place only if immediate removal is necessary to protect the child.”
in Re Gee Minors (Mich. Ct. App. 2019). “” See also MCL 712A.14b(1)(c). As noted, the trial court’s order entered after the February 27, 2018 hearing, expressly found that reasonable efforts were made to prevent removal of the children from the home.”
20221110_C360815_28_360815.Opn.Pdf (Mich. Ct. App. 2022). “See MCL 712A.14b(1) (authorizing the ex parte removal of children pending a preliminary hearing if certain conditions are met); MCR 3.”
Clark v. Cromwell (E.D. Mich. 2023). “§§ 712A.14b, 722.638—but gave HHS the discretion to release him to Clark if Clark traveled from Florida to Michigan.”
Show all 16 citing cases →
— Mich. Comp. Laws § 712A.14b(1) — 6 cases
Hall v. Bush (W.D. Mich. 2021). “However, the plain language of Mich. Comp. Laws § 712A.14b says otherwise.”
In Re P N Orr Minor (Mich. Ct. App. 2026). “[MCL 712A.14b(1).] See also MCR 3.963(B). All of the factors authorizing immediate removal of PNO were met.”
In Re Robinson Minors (Mich. Ct. App. 2026). “963(B)(1); see also MCL 712A.14b(1).] Respondent first argues that the trial court erred when it issued the ex parte order without having received a petition or affidavit of facts.”
20221110_C360815_28_360815.Opn.Pdf (Mich. Ct. App. 2022). “See MCL 712A.14b(1) (authorizing the ex parte removal of children pending a preliminary hearing if certain conditions are met); MCR 3.”
In Re johnson/thomas/fofana Minors (Mich. Ct. App. 2024).
— Mich. Comp. Laws § 712A.14b(1)(a) — 4 cases
in Re Sanders Minors (Mich. 2014). “14a(1) (authorizing the immediate removal of a child without a court order “[i]f there is reasonable cause to believe that a child is at substantial risk of harm or is in surroundings that present an imminent risk of harm and the child’s immediate removal from those surroundings…”
In Re Cognata Minors (Mich. Ct. App. 2026).
In Re P N Orr Minor (Mich. Ct. App. 2026). “[MCL 712A.14b(1).] See also MCR 3.963(B). All of the factors authorizing immediate removal of PNO were met.”
In Re Robinson Minors (Mich. Ct. App. 2026). “963(B)(1); see also MCL 712A.14b(1).] Respondent first argues that the trial court erred when it issued the ex parte order without having received a petition or affidavit of facts.”
— Mich. Comp. Laws § 712A.14b(1)(b) — 1 case
In Re P N Orr Minor (Mich. Ct. App. 2026). “[MCL 712A.14b(1).] See also MCR 3.963(B). All of the factors authorizing immediate removal of PNO were met.”
— Mich. Comp. Laws § 712A.14b(1)(c) — 3 cases
in Re I S Jondall Minor (Mich. Ct. App. 2016). “See MCL 712A.14b(1)(c) (stating that the trial court may authorize the Department to take a child into immediate protective custody if, in relevant part, it finds that “[c]onsistent with the circumstances,” the Department made “reasonable efforts .”
in Re Gee Minors (Mich. Ct. App. 2019). “” See also MCL 712A.14b(1)(c). As noted, the trial court’s order entered after the February 27, 2018 hearing, expressly found that reasonable efforts were made to prevent removal of the children from the home.”
In Re P N Orr Minor (Mich. Ct. App. 2026). “[MCL 712A.14b(1).] See also MCR 3.963(B). All of the factors authorizing immediate removal of PNO were met.”
— Mich. Comp. Laws § 712A.14b(1)(d) — 1 case
In Re P N Orr Minor (Mich. Ct. App. 2026). “[MCL 712A.14b(1).] See also MCR 3.963(B). All of the factors authorizing immediate removal of PNO were met.”
— Mich. Comp. Laws § 712A.14b(1)(e) — 1 case
In Re P N Orr Minor (Mich. Ct. App. 2026). “[MCL 712A.14b(1).] See also MCR 3.963(B). All of the factors authorizing immediate removal of PNO were met.”
— Mich. Comp. Laws § 712A.14b(l)(a) — 1 case
In re Sanders, 852 N.W.2d 524 (Mich. 2014). “14a(l) (authorizing the immediate removal of a child without a court order “[i]f there is reasonable cause to believe that a child is at substantial risk of harm or is in surroundings that present an imminent risk of harm and the child’s immediate removal from those surroundings…”
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