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

Mich. Comp. Laws § 712A.17 (2026)

Hearing; informality; adjournment; transcript; jury; giving security for appearance of juvenile; appearance by prosecuting attorney; legal consultant or legal representation; admitting foster care review board member to hearing; closing hearing to members of general public; “juvenile witness” defined.

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PROBATE CODE OF 1939


Act 288 of 1939


712A.17 Hearing; informality; adjournment; transcript; jury; giving security for appearance of juvenile; appearance by prosecuting attorney; legal consultant or legal representation; admitting foster care review board member to hearing; closing hearing to members of general public; “juvenile witness” defined.

Sec. 17.

    (1) The court may conduct a hearing other than a criminal hearing in an informal manner. The court shall require stenographic notes or another transcript to be taken of the hearing. The court shall adjourn a hearing or grant a continuance regarding a case under section 2(b) of this chapter only for good cause with factual findings on the record and not solely upon stipulation of counsel or for the convenience of a party. In addition to a factual finding of good cause, the court shall not adjourn the hearing or grant a continuance unless 1 of the following is also true:

    (a) The motion for the adjournment or continuance is made in writing not less than 14 days before the hearing.

    (b) The court grants the adjournment or continuance upon its own motion after taking into consideration the child's best interests. An adjournment or continuance granted under this subdivision shall not last more than 28 days unless the court states on the record the specific reasons why a longer adjournment or continuance is necessary.

    (2) Except as otherwise provided in this subsection, in a hearing other than a criminal trial under this chapter, a person interested in the hearing may demand a jury of 6 individuals, or the court, on its own motion, may order a jury of 6 individuals to try the case. In a proceeding under section 2(h) of this chapter, a jury shall not be demanded or ordered on a supplemental petition alleging a violation of a personal protection order. In a criminal trial, a jury may be demanded as provided by law. The jury shall be summoned and impaneled in accordance with chapter 13 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1300 to 600.1376, and, in the case of a criminal trial, as provided in chapter VIII of the code of criminal procedure, 1927 PA 175, MCL 768.1 to 768.36.

    (3) A parent, guardian, or other custodian of a juvenile held under this chapter has the right to give bond or other security for the appearance of the juvenile at the hearing of the case.

    (4) The prosecuting attorney shall appear for the people when requested by the court, and in a proceeding under section 2(a)(1) of this chapter, the prosecuting attorney shall appear if the proceeding requires a hearing and the taking of testimony.

    (5) In a proceeding under section 2(b) of this chapter, upon request of the family independence agency or an agent of the family independence agency under contract with the family independence agency, the prosecuting attorney shall serve as a legal consultant to the family independence agency or its agent at all stages of the proceeding. If in a proceeding under section 2(b) of this chapter the prosecuting attorney does not appear on behalf of the family independence agency or its agent, the family independence agency may contract with an attorney of its choice for legal representation.

    (6) A member of a local foster care review board established under 1984 PA 422, MCL 722.131 to 722.139a, shall be admitted to a hearing under subsection (1).

    (7) Upon motion of a party or a victim, the court may close the hearing of a case brought under this chapter to members of the general public during the testimony of a juvenile witness or the victim if the court finds that closing the hearing is necessary to protect the welfare of the juvenile witness or the victim. In determining whether closing the hearing is necessary to protect the welfare of the juvenile witness or the victim, the court shall consider the following:

    (a) The age of the juvenile witness or the victim.

    (b) The nature of the proceeding.

    (c) The desire of the juvenile witness, of the witness's family or guardian, or of the victim to have the testimony taken in a room closed to the public.

    (8) As used in subsection (7), "juvenile witness" does not include a juvenile against whom a proceeding is brought under section 2(a)(1) of this chapter.

History: Add. 1944, 1st Ex. Sess., Act 54, Imd. Eff. Mar. 6, 1944 ;-- CL 1948, 712A.17 ;-- Am. 1980, Act 499, Imd. Eff. Jan. 21, 1981 ;-- Am. 1982, Act 330, Imd. Eff. Dec. 14, 1982 ;-- Am. 1984, Act 420, Imd. Eff. Dec. 28, 1984 ;-- Am. 1986, Act 170, Imd. Eff. July 7, 1986 ;-- Am. 1988, Act 91, Eff. June 1, 1988 ;-- Am. 1988, Act 92, Eff. June 1, 1988 ;-- Am. 1988, Act 224, Eff. Apr. 1, 1989 ;-- Am. 1989, Act 73, Imd. Eff. June 16, 1989 ;-- Am. 1996, Act 258, Eff. Jan. 1, 1997 ;-- Am. 1996, Act 409, Eff. Jan. 1, 1998 ;-- Am. 1997, Act 169, Eff. Mar. 31, 1998 ;-- Am. 1998, Act 325, Imd. Eff. Aug. 3, 1998 ;-- Am. 1998, Act 474, Eff. Mar. 1, 1999

FormerLaw Notes:

    See section 12 of Ch. XII of Act 288 of 1939; and CL 1929, §§ 12835 and 12836.

PopularName Notes:

Probate Code

PopularName Notes:

Juvenile Code
Notes of Decisions
Cited in 35 cases (4 in the last 5 years), 1958–2025 · leading case: In re Sanders, 852 N.W.2d 524 (Mich. 2014).
Sort: Relevance Newest Treatment
In re Sanders, 852 N.W.2d 524 (Mich. 2014). · cites it 3× “MCL 712A.17(2) (“Except as otherwise provided in this subsection, in a hearing other than a criminal trial under this chapter, a person interested in the hearing may demand a jury of 6 individuals, or the court, on its own motion, may order a jury of 6 individuals to tiy the…”
People v. Gates, 452 N.W.2d 627 (Mich. 1990). · cites it 4× “[3] See MCL 712A.17; MSA 27.3178(598.17); also MCR 5.”
McKeiver v. Pennsylvania, 403 U.S. 528 (1971). · cites it 2× “§ 49-5-6 (1966); Wis. Stat. Ann. § 48.25 (2) (Supp.”
Ryan v. Ryan, 677 N.W.2d 899 (Mich. Ct. App. 2004). · cites it 2× “911; MCL 712A.17(2); see also In re Brock, supra at 108 , 499 N.”
In Re Powers Minors, 624 N.W.2d 472 (Mich. Ct. App. 2001). “915(B); MCL 712A.17(c); MSA 27.3178(598.17c). 10 See In re EP, 234 Mich App 582, 597-598 ; 595 NW2d 167 (1999), overruled on other grounds by In re Trejo Minors, 462 Mich 341, 353 ; n 10; 612 NW2d 407 (2000) (“Although the constitutional provisi”
People v. McFarlin, 208 N.W.2d 504 (Mich. 1973). · cites it 2× “In 1944, the words "in the event" were substituted for the words "in case" and the last clause was changed to read, "the court in its discretion may appoint counsel to represent the child.”
In re Blakeman, 926 N.W.2d 326 (Mich. Ct. App. 2018). “2d 837 (1997), citing MCL 712A.17(4) and (5) and MCL 712A.19b(1) ; see also In re Hill , 206 Mich.”
Fritts v. Krugh, 92 N.W.2d 604 (Mich. 1958). · cites it 2× “When the day set for hearing arrived, however, the probate court was on ample notice that the facts pertaining to neglect had changed materially and that the question of the court's right to take custody of these children was in dispute.”
In Re Koroly, 377 N.W.2d 346 (Mich. Ct. App. 1985). · cites it 4× “A parent who defends against a petition for involuntary termination has the right to request a jury, MCL 712A.17(2); MSA 27.3178(598.17)(2) and may request appointment of counsel, MCL 712A.”
In Re Jagers, 568 N.W.2d 837 (Mich. Ct. App. 1997). · cites it 2× “17)(5) requires the prosecutor to serve as a legal consultant to the dss/fia at all stages of a child protective proceeding when requested to do so by the agency or its agent.”
In Re Mathers, 124 N.W.2d 878 (Mich. 1963). · cites it 2× “[4] CL 1948, § 712A.17 (Stat Ann 1962 Rev § 27.3178[598.”
In Re Perry, 385 N.W.2d 287 (Mich. Ct. App. 1986). · cites it 2× “Compare, MCL 712A.17(3); MSA 27.3178(598.17)(3) which provides: "If the child or his or her parents desire counsel and are unable to procure counsel, the court in its discretion may appoint counsel to represent the child.”
Show all 35 citing cases →
— Mich. Comp. Laws § 712A.17(1) — 2 cases
In Re Baby Doe Minor (Mich. Ct. App. 2024).
In Re Thompson Minors (Mich. Ct. App. 2025).
— Mich. Comp. Laws § 712A.17(1)(b) — 1 case
In Re Baby Doe Minor (Mich. Ct. App. 2024).
— Mich. Comp. Laws § 712A.17(1)(e) — 1 case
In Re mcgee/hill/tidwell Minors (Mich. Ct. App. 2022).
— Mich. Comp. Laws § 712A.17(2) — 13 cases
In re Sanders, 852 N.W.2d 524 (Mich. 2014). “MCL 712A.17(2) (“Except as otherwise provided in this subsection, in a hearing other than a criminal trial under this chapter, a person interested in the hearing may demand a jury of 6 individuals, or the court, on its own motion, may order a jury of 6 individuals to tiy the…”
Ryan v. Ryan, 677 N.W.2d 899 (Mich. Ct. App. 2004). “911; MCL 712A.17(2); see also In re Brock, supra at 108 , 499 N.”
In Re Koroly, 377 N.W.2d 346 (Mich. Ct. App. 1985). “A parent who defends against a petition for involuntary termination has the right to request a jury, MCL 712A.17(2); MSA 27.3178(598.17)(2) and may request appointment of counsel, MCL 712A.”
State ex rel. A.J., 27 So. 3d 247 (La. 2009).
In the Interest of Kevin R., 762 S.E.2d 387 (S.C. 2014).
— Mich. Comp. Laws § 712A.17(3) — 3 cases
In Re Perry, 385 N.W.2d 287 (Mich. Ct. App. 1986). “Compare, MCL 712A.17(3); MSA 27.3178(598.17)(3) which provides: "If the child or his or her parents desire counsel and are unable to procure counsel, the court in its discretion may appoint counsel to represent the child.”
In Re Koroly, 377 N.W.2d 346 (Mich. Ct. App. 1985). “A parent who defends against a petition for involuntary termination has the right to request a jury, MCL 712A.17(2); MSA 27.3178(598.17)(2) and may request appointment of counsel, MCL 712A.”
In Re Huisman, 584 N.W.2d 349 (Mich. Ct. App. 1998).
— Mich. Comp. Laws § 712A.17(4) — 4 cases
In re Blakeman, 926 N.W.2d 326 (Mich. Ct. App. 2018). “2d 837 (1997), citing MCL 712A.17(4) and (5) and MCL 712A.19b(1) ; see also In re Hill , 206 Mich.”
In Re Jagers, 568 N.W.2d 837 (Mich. Ct. App. 1997). “17)(5) requires the prosecutor to serve as a legal consultant to the dss/fia at all stages of a child protective proceeding when requested to do so by the agency or its agent.”
In Re Hill, 522 N.W.2d 914 (Mich. Ct. App. 1994).
in Re Blakeman Minors (Mich. Ct. App. 2018).
— Mich. Comp. Laws § 712A.17(5) — 4 cases
People v. Gates, 452 N.W.2d 627 (Mich. 1990). “[3] See MCL 712A.17; MSA 27.3178(598.17); also MCR 5.”
In Re Jagers, 568 N.W.2d 837 (Mich. Ct. App. 1997). “17)(5) requires the prosecutor to serve as a legal consultant to the dss/fia at all stages of a child protective proceeding when requested to do so by the agency or its agent.”
In Re Hill, 522 N.W.2d 914 (Mich. Ct. App. 1994).
Dep't of Human Servs. v. McBride, 766 N.W.2d 857 (Mich. 2009).
— Mich. Comp. Laws § 712A.17(b)(5) — 1 case
In Re a D Thomas Minor (Mich. Ct. App. 2022).
— Mich. Comp. Laws § 712A.17(c) — 1 case
In Re Powers Minors, 624 N.W.2d 472 (Mich. Ct. App. 2001). “915(B); MCL 712A.17(c); MSA 27.3178(598.17c). 10 See In re EP, 234 Mich App 582, 597-598 ; 595 NW2d 167 (1999), overruled on other grounds by In re Trejo Minors, 462 Mich 341, 353 ; n 10; 612 NW2d 407 (2000) (“Although the constitutional provisi”
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