PROBATE CODE OF 1939
Act 288 of 1939
712A.20 Temporary or permanent custody.
Sec. 20.
The court in all cases involving custody shall state in the order for disposition or any supplemental order of disposition whether the child is placed in the temporary or permanent custody of the court. If the child is placed in the temporary custody of the court, no supplemental order of disposition providing permanent custody, or containing any other order of disposition shall be made except at a hearing pursuant to issuance of summons or notice as provided in sections 12 and 13 of this chapter or at a rehearing provided by section 19 of this chapter. If the child is placed in the permanent custody of the court, all parental rights are terminated, though such rights may be reinstated by a supplemental order of disposition after rehearing pursuant to section 21.
History: Add. 1944, 1st Ex. Sess., Act 54, Imd. Eff. Mar. 6, 1944 ;-- CL 1948, 712A.20 ;-- Am. 1966, Act 181, Imd. Eff. July 1, 1966
PopularName Notes:
Probate Code
PopularName Notes:
Juvenile Code
Notes of Decisions
Cited in
22
cases (
2 in the last 5 years), 1958–2022 · leading case:
People v. Tennyson, 790 N.W.2d 354 (Mich. 2010).
People v. Tennyson, 790 N.W.2d 354 (Mich. 2010).
· cites it 4× “MCL 712A.20. Because MCL 750.145 applies although the child may never even become a temporary ward of the court, the Legislature has signified that a misdemeanor conviction under MCL 750.”
Fritts v. Krugh, 92 N.W.2d 604 (Mich. 1958).
· cites it 3× “CL 1948, § 712A.20 (Stat Ann 1957 Cum Supp § 27.3178[598.”
In the Matter of Taurus F., 330 N.W.2d 33 (Mich. 1982).
· cites it 2× “MCL 712A.20; MSA 27.3178(598.20). If permanent custody is ordered, the child usually is placed or continued in foster (including relative) care until adoption procedure is in place.”
In the Matter of Schejbal, 346 N.W.2d 597 (Mich. Ct. App. 1984).
· cites it 2× “Section 19a says: "the court may make a final determination and order placing the child in the permanent custody of the court, if it finds, etc.”
In Re Ap, 770 N.W.2d 403 (Mich. Ct. App. 2009).
“19(1) provides, in relevant part: Subject to [MCL 712A.20] if a child remains under the court’s jurisdiction, a cause may be terminated or an order may be amended or supplemented, within the authority granted to the court in [MCL 712A.”
In the Matter of Sharpe, 243 N.W.2d 696 (Mich. Ct. App. 1976).
· cites it 2× “2) and was authorized to enter the order by MCLA 712A.20; MSA 27.3178(598.20). This Court specifically disapproves the reasoning of the Court of Appeals which determined that MCLA 712A.”
In Re Weldon, 244 N.W.2d 827 (Mich. 1976).
“" MCLA 712A.20; MSA 27.3178(598.20). [16] See In the Matter of Ella B, 30 NY2d 352 ; 334 NYS2d 133 ; 285 NE2d 288 (1972); In re Adoption of RI, 455 Pa 29; 312 A2d 601 (1973); State v Jamison, 251 Or 114 ;”
In Re Caw, 659 N.W.2d 657 (Mich. Ct. App. 2003).
· cites it 2× “§ 712A.20. The court's termination of Rivard's parental rights severed any legal rights he had to the child.”
In Re Mathers, 124 N.W.2d 878 (Mich. 1963).
“[8] CL 1948, § 712A.20 (Stat Ann 1962 Rev § 27.3178 [598.”
In Re Webster, 427 N.W.2d 596 (Mich. Ct. App. 1988).
“In the best interests of the child the court then entered an order of permanent custody pursuant to MCL 712A.20; MSA 27.3178(598.20). Respondents appeal as of right.”
In Re Atkins, 602 N.W.2d 594 (Mich. Ct. App. 1999).
“§ 712A.20; MSA 27.3178(598.20), the trial court could not subsequently proceed to termination without issuance and service of a fresh summons.”
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