Michigan Compiled Laws

Mich. Comp. Laws § 712A.28 (2026)

Case records; opening records; order in respect to payments by parent; copy; publicizing action taken against parents or adult; administration of court; reports; form; definitions.

✓ current as of July 2026

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PROBATE CODE OF 1939

Act 288 of 1939

712A.28 Case records; opening records; order in respect to payments by parent; copy; publicizing action taken against parents or adult; administration of court; reports; form; definitions.

Sec. 28.

(1) Before June 1, 1988, the court shall maintain records of all cases brought before it and as provided in the juvenile diversion act. The records are open only by court order to persons having a legitimate interest, except that diversion records are open only as provided in the juvenile diversion act.

(2) Beginning June 1, 1988, the court shall maintain records of all cases brought before it and as provided in the juvenile diversion act. Except as otherwise provided in this subsection, until December 31, 2020, records of a case brought before the court are open to the general public. Diversion records are open only as provided in the juvenile diversion act. Except as otherwise provided in section 49 of the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.799, if the hearing of a case brought before the court is closed under section 17 of this chapter, the records of that hearing are open only by court order to persons having a legitimate interest.

(3) Beginning January 1, 2021, except as otherwise provided, records of a case brought before the court are not open to the general public and are open only to persons having a legitimate interest. Diversion records are open only as provided in the juvenile diversion act. Except as otherwise provided in section 49 of the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.799, if the hearing of a case brought before the court is closed under section 17 of this chapter, the records of that hearing are open only by court order to persons having a legitimate interest.

(4) Action taken against parents or adults must not be released for publicity unless the parents or adults are found guilty of contempt of court. The court shall furnish the department and a county juvenile agency with reports of the administration of the court in a form recommended by the Michigan Probate Judges Association. Copies of these reports must, upon request, be made available to other state departments by the department.

(5) As used in this section:

(a) "Child placing agency" means that term as defined in section 1 of 1973 PA 116, MCL 722.111.

(b) "Indian child" and "Indian child's tribe" mean those terms as defined in section 3 of the Michigan Indian family preservation act, chapter XIIB of the probate code of 1939, 1939 PA 288, MCL 712B.3.

(d) "Persons having a legitimate interest" includes, but is not limited to, the juvenile, the juvenile's parent, the juvenile's guardian or legal custodian, the juvenile's guardian ad litem, counsel for the juvenile, the department or a licensed child caring institution or child placing agency under contract with the department to provide for the juvenile's care and supervision if related to an investigation of child neglect or child abuse, law enforcement personnel, a prosecutor, a member of a local foster care review board established under 1984 PA 422, MCL 722.131 to 722.139a, the Indian child's tribe if the juvenile is an Indian child, and a court of this state.

History: Add. 1944, 1st Ex. Sess., Act 54, Imd. Eff. Mar. 6, 1944 ;-- CL 1948, 712A.28 ;-- Am. 1959, Act 184, Eff. Mar. 19, 1960 ;-- 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 18, Eff. Apr. 1, 1988 ;-- Am. 1988, Act 91, Eff. Apr. 1, 1988 ;-- Am. 1989, Act 73, Imd. Eff. June 16, 1989 ;-- Am. 1996, Act 409, Eff. Jan. 1, 1998 ;-- Am. 1998, Act 478, Eff. Jan. 12, 1999 ;-- Am. 2020, Act 362, Eff. Mar. 24, 2021 ;-- Am. 2023, Act 301, Eff. Oct. 1, 2024

FormerLaw Notes:

See section 13 of Ch. XII of Act 288 of 1939; and CL 1929, § 12836.

PopularName Notes:

Probate Code

PopularName Notes:

Juvenile Code

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1969–2024 · leading case: In Re Amb, 640 N.W.2d 262 (Mich. Ct. App. 2002).

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In Re Amb, 640 N.W.2d 262 (Mich. Ct. App. 2002). “21 to MCL 712A.28], or this act. If the minor child is placed in a child care organization, then the probate court, the child placing agency, or the department making the placement shall execute a written instrument investing that organization with authority to consent to…”

In re Deng, 887 N.W.2d 445 (Mich. Ct. App. 2016). “21 to MCL 712A.28] or this act. If the minor child is placed in a child care organization, then the probate court, the child placing agency, or the [DHHS] making the placement shall execute a written instrument investing that organization with authority to consent to emergency…”

People v. Coleman, 172 N.W.2d 512 (Mich. Ct. App. 1969). “Sua sponte, we called for production of the transcript under the authority granted by CLS 1961, § 712A.28 (Stat Ann 1962 Rev § 27.3178[598.”

People v. Bearden, 185 N.W.2d 438 (Mich. Ct. App. 1971). “Our review, sua sponte, of the record kept by the youth bureau, pursuant to authority granted by MOLA § 712A.28 (Stat Ann 1962 Rev § 27-•3178[598.”

Aetna Cas. & Sur. Co. v. Oakland Cnty. Prob. Judges, 212 N.W.2d 794 (Mich. Ct. App. 1973). · cites it 6× “This case is a declaratory judgment action 1 in which plaintiffs sought adjudication of their rights under MCLA 712A.28; MSA 27.3178(598.28). Defendants are judges of the Oakland County Probate Court.”

In Re Mjb Minor (Mich. Ct. App. 2024). · cites it 4× “18, that is open to the general public under section 28 of chapter XIIA of the probate code of 1939, 1939 PA 288 , MCL 712A.28, if both of the following apply: (A) The individual was 14 years of age or older at the time of the offense.”

in Re Deng Minors (Mich. Ct. App. 2016). “21 to MCL 712A.28]. If the minor child is placed in a child care organization, then the probate court, the child placing agency, or the department making the placement shall execute a written instrument investing that organization with authority to consent to emergency medical…”

Aetna Cas. & Sur. Co. v. Oakland Cnty. Prob. Judges, 227 N.W.2d 551 (Mich. 1975). · cites it 2× “However, the original police records are not in the juvenile court files and defendants correctly make no claim under MCLA 712A.28 that the juvenile court has control over access to those original records in the police department.”

— Mich. Comp. Laws § 712A.28(3) — 1 case

In Re Mjb Minor (Mich. Ct. App. 2024). “18, that is open to the general public under section 28 of chapter XIIA of the probate code of 1939, 1939 PA 288 , MCL 712A.28, if both of the following apply: (A) The individual was 14 years of age or older at the time of the offense.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.