PROBATE CODE OF 1939
Act 288 of 1939
712A.21 Petition for rehearing; affirming, modifying, or setting aside order; conduct of rehearing; order for supplemental disposition; applicability of section to criminal proceeding; “interested person” construed.
Sec. 21.
(1) At any time while the juvenile is under the jurisdiction of the court, an interested person may file a petition in writing and under oath for a rehearing upon all matters coming within the provisions of this chapter. Upon the rehearing, the court may affirm, modify, or set aside any order reviewed under this section. If parental rights have been terminated by an order entered in the proceedings and custody of the juvenile has been removed from the parents, guardian, or other person, the petition for rehearing shall be filed not later than 20 days after the date of entry of the order terminating parental rights. The petition shall set forth in detail the place, manner, and all other information requested by the court in reference to the proposed future custody of the juvenile. The rehearing shall be conducted in accordance with the provisions of this chapter relating to the conduct of original hearings. The court may enter an order for supplemental disposition while the juvenile remains under the court's jurisdiction.
(2) This section does not apply to a criminal proceeding under this chapter.
(3) As used in subsection (1), "interested person" includes a member of a local foster care review board established under Act No. 422 of the Public Acts of 1984, being sections 722.131 to 722.140 of the Michigan Compiled Laws, to which that juvenile's case has been assigned.
History: Add. 1944, 1st Ex. Sess., Act 54, Imd. Eff. Mar. 6, 1944 ;-- CL 1948, 712A.21 ;-- Am. 1958, Act 129, Eff. Sept. 13, 1958 ;-- Am. 1965, Act 202, Imd. Eff. July 16, 1965 ;-- Am. 1980, Act 499, Imd. Eff. Jan. 21, 1981 ;-- Am. 1982, Act 330, Imd. Eff. Dec. 14, 1982 ;-- Am. 1983, Act 105, Eff. Sept. 1, 1983 ;-- Am. 1984, Act 420, Imd. Eff. Dec. 28, 1984 ;-- Am. 1986, Act 170, Imd. Eff. July 7, 1986 ;-- Am. 1989, Act 73, Imd. Eff. June 16, 1989 ;-- Am. 1996, Act 262, Eff. Jan. 1, 1997
FormerLaw Notes:
See section 8 of Ch. XII of Act 288 of 1939; and CL 1929, § 12846.
PopularName Notes:
Probate Code
PopularName Notes:
Juvenile Code
Notes of Decisions
Cited in
26
cases (
1 in the last 5 years), 1958–2023 · leading case:
In Re Weldon, 244 N.W.2d 827 (Mich. 1976).
In Re Weldon, 244 N.W.2d 827 (Mich. 1976).
· cites it 4× “[5] MCLA 712A.21; MSA 27.3178(598.21): "* * * If parental rights have been terminated by an order entered in the proceedings and custody of the child has been removed from the parents, guardian or other person, the petition for rehearing shall be filed within 3 months from the…”
In Re Adrianson, 306 N.W.2d 487 (Mich. Ct. App. 1981).
· cites it 3× “MCL 712A.21; MSA 27.3178(598.21). Furthermore, the probate court may enter an order for supplemental disposition at any time the child is under its jurisdiction.”
In the Matter of LaFlure, 210 N.W.2d 482 (Mich. Ct. App. 1973).
· cites it 2× “MCLA 712A.21; MSA 27.3178(598.21). In the instant case at the January 5, 1971 hearing the probate court placed on appellant the *383 burden of proving that she had reestablished a fit home for Gary.”
In Re Brzezinski, 542 N.W.2d 871 (Mich. Ct. App. 1995).
· cites it 3× “" The circuit court stated that if § 18(2) were interpreted otherwise, parents would never be able to obtain modification of continuing reimbursement orders after the child had been returned to the home and was no longer under the jurisdiction of the court where *661 § 21(1) of…”
In Re Powers, 528 N.W.2d 799 (Mich. Ct. App. 1995).
“MCL 712A.21; MSA 27.3178(598.21); Hatcher, supra at 436 .”
In Re Kasuba Est., 258 N.W.2d 731 (Mich. 1977).
“" [6] As to juvenile proceedings, MCLA 712A.21; MSA 27.3178(598.21) provides: "Sec.”
In Re Johanson, 402 N.W.2d 13 (Mich. Ct. App. 1986).
“MCL 712A.21(1); MSA 27.3178(598.21)(1) provides in part: An interested person, at any time while the child is under the jurisdiction of the court, may file a petition, in writing and under oath, for a rehearing upon all matters coming within the provisions of this chapter, and…”
In Re Koroly, 377 N.W.2d 346 (Mich. Ct. App. 1985).
· cites it 2× “MCL 712A.21; MSA 27.3178(598.21). A petition for rehearing will ordinarily not be considered unless it presents a matter not previously presented to the court which, if true, would cause the court to reconsider the disposition.”
In Re Buckingham, 368 N.W.2d 888 (Mich. Ct. App. 1985).
· cites it 2× “” (See MCL 712A.21; MSA 27.3178[598.21], amended by 1983 PA 105 , § 2, of the juvenile code).”
In the Matter of Ward, 304 N.W.2d 844 (Mich. Ct. App. 1981).
“” MCL 712A.21; MSA 27.3178(598.21) provides in part: "Any interested person, at any time while the child is under the jurisdiction of the court, may file a petition, *358 in writing and under oath, for a rehearing upon all matters coming within the provision of this chapter, and…”
Oakes v. Kent Cnty. Dep't of Soc. Servs., 220 N.W.2d 188 (Mich. Ct. App. 1974).
· cites it 2× “under oath, for a rehearing upon all matters coming within the provisions of this chapter, and upon the rehearing the court may affirm, modify or set aside any order so reviewed.”
In Re Mathers, 124 N.W.2d 878 (Mich. 1963).
“20]), and CL 1948, § 712A.21, as amended by PA 1958, No 129 (Stat Ann 1962 Rev § 27.”
— Mich. Comp. Laws § 712A.21(1) — 3 cases
In Re Brzezinski, 542 N.W.2d 871 (Mich. Ct. App. 1995).
“" The circuit court stated that if § 18(2) were interpreted otherwise, parents would never be able to obtain modification of continuing reimbursement orders after the child had been returned to the home and was no longer under the jurisdiction of the court where *661 § 21(1) of…”
In Re Johanson, 402 N.W.2d 13 (Mich. Ct. App. 1986).
“MCL 712A.21(1); MSA 27.3178(598.21)(1) provides in part: An interested person, at any time while the child is under the jurisdiction of the court, may file a petition, in writing and under oath, for a rehearing upon all matters coming within the provisions of this chapter, and…”
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